Title: High-Speed Passenger Rail

Summary: Provides powers & duties of DOT; authorizes DOT to regulate railroads & collect information; requires DOT to keep records, offer accident response training, & adopt rules; provides reporting requirements for railroad companies; provides minimum safety standards & requirements for operating high-speed passenger rail system; requires compliance w/federal laws & regulations; requires construction, maintenance, & repair of infrastructure; provides railroad inspector certification requirements; requires coordination w/federal inspectors; requires DOT to adopt rules for conducting field surveys & to hold public meetings; requires railroad companies to construct & maintain fences, be liable for certain damages, & be responsible for certain improvements/upgrades; prohibits local government/state from being responsible for certain costs; provides for calculation & disposition of administrative fines; authorizes certain suits; provides for attorney fees & costs; authorizes local governments to enact certain railroad speed ordinances.

Full Text:
An act relating to high-speed passenger rail; creating s. 341.601, F.S.; providing a short title; creating s. 341.602, F.S.; providing definitions; creating s. 341.603, F.S.; providing legislative intent; creating s. 341.604, F.S.; providing applicability; creating s. 341.605, F.S.; providing powers and duties of the Department of Transportation; authorizing the department to regulate railroads where not federall ypreempted; authorizing the department to collect information from relevant parties; requiring the department to keep certain records; requiring the department to offer certain response training for accidents involving passengers or hazardous materials under certain circumstances; requiring the department to adopt rules; creating s. 341.606, F.S.; providing reporting requirements for certain railroad companies; requiring the department to publish certain information on its website; requiring the department,in coordination with the Federal Railroad Administration and other entities as necessary, to develop certain rules; specifying that reporting requirements are for informational purposes only and not to be used to economically regulate the railroad company; creating s. 341.607, F.S.; providing minimum HB 2017 safety standards for high-speed passenger rail; requiring certain railroad companies to comply with certain federal laws and regulations; providing safety technology requirements for certain railroad companie s; specifying that such railroad companies may be subject to civil or criminal penalties for an incident caused by the use of an unapproved safety technology; providing certain requirements for railroad companies before operating a high-speed passenger rai lsystem; creating s. 341.608, F.S.; requiring construction, maintenance, and repair of certain infrastructure by certain railroad companies; specifying requirements for certain roadbed modifications; requiring certain contractual agreements to adhere to the department's requisition and procurement procedures; providing for construction; creating s. 341.609, F.S.; requiring the department's railroad inspectors, in accordance with a specified program, to meet certain certification requirements and to coordin ate their activities with those of federal inspectors in the state in compliance with certain federal regulations; requiring the inspectors to report the results of their inspections, subject to certain requirements; requiring the reports to be made availa ble on the department's website; HB 2017 creating s. 341.611, F.S.; requiring the department to adopt rules that identify standards for conducting field surveys of certain rail corridors; providing requirements for the field survey; requiring the department to hol dcertain public meetings; requiring certain railroad companies to construct and maintain fences under certain circumstances; providing fencing requirements; requiring a railroad company to be liable for all damages arising from its failure to construct or maintain the fence under certain circumstances; creating s. 341.612, F.S.; requiring a railroad company operating a high-speed passenger rail system to be solely responsible for all rail corridor improvements or upgrades relating to its operation and safety; prohibiting a local government or the state from being responsible for certain costs unless it expressly consents in writing; creating s. 341.613, F.S.; providing administrative fines for certain violations, subject to certain requirements; providing certain factors to consider in determining the amount of the fine to be imposed; requiring all fines collected to be deposited into the State Transportation Trust Fund; creating s. 341.614, F.S.; authorizing certain suits to be brought in any court of this state having jurisdiction; providing for HB 2017 attorney fees and costs; creating s. 341.615, F.S.; authorizing local governments to enact ordinances regulating the speed limits of railroad traffic under certain circumstances; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Section 341.601, Florida Statutes, is created to read: 341.601 Short title.-Sections 341.601-341.615 shall be known as the "Florida High-Speed Passenger Rail Safety Act." Section 2. Section 341.602, Florida Statutes, is created to read: 341.602 Definitions.-As used in ss. 341.601-341.615, the term: (1) "Department" means the Department of Transportation. (2) "Freight railroad carrier" means any person, railroad corporation, or other legal entity in the business of providing freight rail transportation. (3) "Governmental entity" means the state, any of its agencies, or any of its political subdivisions. (4) "High-speed passenger rail system" means any new intrastate passen ger rail system that operates or proposes to operate its passenger trains at a maximum speed in excess of 99 miles per hour on or after July 1, 2017. HB 2017 (5) "Pedestrian grade crossing" means a separate sidewalk or pathway where pedestrians, but not vehicles,cross railroad tracks. (6) "Public railroad-highway grade crossing" means a location at which a railroad track is crossed at grade by a public road. (7) "Rail corridor" means a linear, continuous strip of real property that is used for rail service. The term includes the corridor and structures essential to railroad operations, including the land, buildings, improvements, rights-of-way, easements, rail lines, rail beds, guideway structures, switches, yards, parking facilities, power relays, switching houses, rail stations, any ancillary development, and any other facilities or equipment used for the purposes of construction, operation, or maintenance of a railroad that provides rail service. (8) "Railroad company" means any individual, partnership, association, corporation, or company and its respective lessees, trustees, or receivers, appointed by a court, that develops or provides ground transportation that runs on rails, including, but not limited to: (a) A high-speed passenger rail system; (b) A freight railroad carrier; or (c) A company that owns a rail corridor. Section 3. Section 341.603, Florida Statutes, is created to read: HB 2017 341.603 Public purpose and intent.-It is the intent of the Legislature to: (1) Encourage the creation of safe and cost-effective transportation options for this state's residents and visitors, including high-speed passenger rail systems. (2) Promote and enhance the safety of high-speed passenger rail systems operating within the state to protect the health, safety, and welfare of the public. Section 4. Section 341.604, Florida Statutes, is created to read: 341.604 Applicability.-This act applies to any railroad company operating a high-speed passenger rail system, or any railroad company that allows a high-speed passenger rail system to operate on or within its rail corridor. Section 5. Section 341.605, Florida Statutes, is created to read: 341.605 Powers and duties of the department; rules.-(1) The department sha ll have the authority to regulate railroad companies in this state insofar as such authority is not preempted by federal laws or regulations. (2) The department may obtain from any party all necessary information to enable it to perform its duties and ca rry out the requirements set forth in this act. (3) The department shall keep a record of all its findings, decisions, determinations, and investigations carried HB 2017 out under this act. (4) If a high-speed passenger rail system operates within the same rai lcorridor or on the same set of tracks as another railroad company that transports hazardous materials, the department shall offer the local communities and local emergency services located along the rail corridor training specifically designed to help th em respond to an accident involving rail passengers or hazardous materials. (5) The department shall adopt rules, pursuant to the requirements of chapter 120, relating to this act. Section 6. Section 341.606, Florida Statutes, is created to read: 341.606 Reporting requirements.-(1) A railroad company operating a high-speed passenger rail system shall furnish to the department a copy of the accident reports filed with the Federal Railroad Administration for each train accident that occurs within the rail corridor. (2) The department shall annually publish on its official website a report that discloses all of the fatalities, injuries, and accidents during the reporting timeframe which have occurred within a rail corridor where a high-speed passen ger rail system operates. (3) A railroad company that transports liquefied natural gas on the same tracks or within the same rail corridor as a high-speed passenger rail system within the state must submit an HB 2017 annual report to the department containing: (a) All insurance carried by the railroad company that covers any losses resulting from a reasonable worst-case unplanned release of liquefied natural gas. (b) Coverage amounts, limitations, and other conditions of the insurance identified in paragraph (a). (c) The average and largest liquefied natural gas train, as measured in metric tons, operated in the state by the railroad company in the previous calendar year. (d) Information sufficient to demonstrate the railroad company's ability to pay the costs of remediating a reasonable worst-case unplanned release of liquefied natural gas, including, but not limited to, insurance, reserve accounts, letters of credit, or other financial instruments or resources on which the company can rely to pay all such costs. The department, in coordination with the Federal Railroad Administration and other public and private entities as necessary, shall develop rules to determine applicable criteria for a reasonable worst-case unplanned release of liquefied natural gas.(4) All reporting requirements are for informational purposes only and may not be used to economically regulate the railroad company. Section 7. Section 341.607, Florida Statutes, is created to read: HB 2017 341.607 Minimum safety standards for high-speed passenger rail.-(1) A railroad company operating a high-speed passenger rail system shall comply with all of the federal laws and regulations administered by the Federal Railroad Administration. (2) A railroad company operating a high-speed passenge rrail system must install safety technology that has been approved by the Federal Railroad Administration or the department as applicable. Safety technology at a minimum shall include positive train control and remote health monitoring. The railroad compa ny may be subject to civil or criminal penalties for an incident caused by the use of an unapproved safety technology. (3) Before operating a high-speed passenger rail system, a railroad company shall also: (a) Install or realign crossing gates, including those at severely skewed acute-angled locations as identified by either the department or the Federal Railroad Administration, so the gates are parallel to the tracks and in accordance with the most recent edition of the Manual on Uniform Traffic Control Devices published by the Federal Highway Administration and adopted by the state pursuant to s. 316.0745. (b) Equip all automatic public railroad-highway grade crossing warning systems with remote health monitoring technology capable of: HB 2017 1. Detecting false activations; 2. Detecting other crossing signal malfunctions; and 3. Notifying the train dispatcher and crossing signal maintenance personnel whenever such a malfunction is detected. (c) Construct and maintain fencing in accordance with s. 341.611. Section 8. Section 341.608, Florida Statutes, is created to read: 341.608 Maintenance and repair of roadbeds, tracks, culverts, and certain streets and sidewalks.-(1) A railroad co mpany that constructs or operates a high speed passenger rail system on tracks that intersect with a public street or highway at grade shall, at its sole cost and expense, construct and thereafter maintain, renew, and repair all railroad roadbed, track, an drailroad culverts within the confines of the public street or highway, and the streets or pedestrian grade crossings lying between the rails and for a distance outside the rails of foot beyond the end of the railroad ties. (2) If the railroad company that constructs or operates a high-speed passenger rail system is required to install safety improvements that modify the width of a roadbed, it shall be responsible for ensuring that the impacted roadbed meets the department's transition requirements as set forth in the most recent edition of the department's Design Standards and the HB 2017 Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways. (3) If a railroad company that constructs or operates a high-speed pa ssenger rail system enters into a contractual agreement with a governmental entity that requires the governmental entity to reimburse a private entity for the installation or maintenance of the track improvements or crossing safety improvements necessary to operate a high-speed passenger rail system, the work to be performed must adhere to the department's applicable requisition and procurement procedures. (4) This section does not impair any existing contractual agreements between the railroad company op erating the high-speed passenger rail system and a governmental entity within the state. Section 9. Section 341.609, Florida Statutes, is created to read: 341.609 Safety inspections and inspectors.-(1) In accordance with the State Rail Safety Part icipation Program, which is designed to promote safety in all areas of railroad operations to reduce deaths, injuries, and damage to railroad property, the department's railroad inspectors shall be certified by the Federal Railroad Administration and shall coordinate their activities with those of federal inspectors in the state in compliance with C.F.R. part and any other HB 2017 federal regulations governing state safety participation. (2) The department's railroad inspectors shall report in writing the results of their inspections in the manner and on forms prescribed by the department. These reports shall be made available on the department's website for the public to access. Section 10. Section 341.611, Florida Statutes, is created to read: 341.611 Fencing and separation requirements to protect the public.-(1) The department shall adopt rules that identify standards for conducting field surveys of the rail corridor being used by a high-speed passenger rail system. The field surveys must indicat eareas where fencing is necessary for the health, safety, and welfare of the public. (2) At a minimum, the field survey should identify pedestrian traffic generators, such as nearby schools and parks, and signs of current pedestrian traffic that crosses the railroad tracks. The department must hold at least one public meeting in each community where new or substantially modified fencing is proposed before designs and plans for such fencing are finalized. (3) Once it has been determined that a fence is necessary to protect the health, safety, and welfare of the surrounding community, the railroad company operating a high-speed passenger rail system shall construct and maintain the fence on both sides HB 2017 of its railroad tracks sufficient to prevent intrusion.(4) The fencing must be placed foot inside the edge of the railroad company's right-of-way, except in locations where the railroad intersects with a highway or road. (5) The fencing must be maintained by the railroad company operating a high-speed passenger rail system, unless maintenance is specifically addressed in a separate contract with a property owner or local government. (6) The fence must be at least 1/2 feet in height. Ornamental fencing must be used within urban areas. Chain-link fencing may be used in locations outside of urban areas. (7) If a railroad company neglects to construct or maintain a required fence, the railroad company is liable for all damages arising from its failure to construct or maintain such fence unless another entity is responsible for maintenance under subsection (5). Section 11. Section 341.612, Florida Statutes, is created to read: 341.612 Operation of a high-speed passenger rail system over the tracks of another railroad company.-A railroad company operating a high-speed passenger rail system shall be solely responsible for all rail corridor improvements or upgrades relating to the system's operation and safety. A local government or the state shall not be responsible for any costs associated with the construction and maintenance of the HB 2017 improvements necessary to operate a high-speed passenger rail system unless it expressly consents in writing. Section 12. Section 341.613, Florida Statutes, is created to read: 341.613 Administrative fines.-(1) In addition to any administrative action authorized by chapter or by other law, the department may impose a fine, which may not exceed $10,000 for each violation, for a violation of this act or for a violation of any rule adopted pursuant to this act. Notice of intent to impose such fine shall be given by the department to the alleged violator. Each day that a violation continues constitutes a separate violation. (2) In determining the amount of the fine, if any, to be imposed for a violation, the following factors shall be considered: (a) The gravity of the violation, including the probability that death or serious physical or emotional harm to any person will result or has resulted, the severity of the actual or pote ntial harm, and the extent to which this act or department rules were violated; (b) Actions taken by the owner or operator to correct violations; and (c) Any previous violations. (3) All fines collected under this section shall be deposited into the State Transportation Trust Fund. HB 2017 Section 13. Section 341.614, Florida Statutes, is created to read: 341.614 Action to enforce penalties; attorney fees.-A suit to collect any of the damages, penalties, forfeitures, demurrage, or storage charges provid ed for in this act may be brought in any court of this state having jurisdiction of the subject matter and parties. If a suit is adjudicated in favor of a plaintiff, the plaintiff shall be permitted to recover reasonable attorney fees and costs. Section 14. Section 341.615, Florida Statutes, is created to read: 341.615 Ordinances; speed limits.-This act does not prevent a local government from enacting ordinances regulating the speed limits of railroad traffic due to local safety hazards not statewide in nature and not capable of being adequately encompassed within the national uniform standards. Section 15. This act shall take effect July 1, 2017.