HF 2986

as introduced - 91st Legislature (2019 - 2020) Posted on 04/28/2020 12:19pm

A bill for an act
relating to transportation; establishing state rail safety inspection program
requirements; amending Minnesota Statutes 2018, section 219.015, by adding a
subdivision.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2018, section 219.015, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Inspection program requirements. new text end

new text begin (a) State rail safety inspectors must
enforce state railroad safety provisions under chapters 218 and 219 after conducting an
investigation using the procedures established by the commissioner under paragraph (c).
State railroad safety provisions in this chapter include railroad main line, auxiliary, yard,
or industry track; track support structure; drainage; temporary or permanent clearance
conditions; track obstructions; walkways; lighting; and railroad and industry yard conditions
generally.
new text end

new text begin (b) The state rail safety inspection program must supply state inspectors with measurement
tools required to properly inspect and analyze state railroad safety provisions under this
chapter.
new text end

new text begin (c) The commissioner must establish a standardized process to receive and investigate
complaints of noncompliance of state rail safety provisions in this chapter. Urgent or
emergency reports of unsafe conditions must be reported by an established means for
expedited communication as determined by the commissioner.
new text end

new text begin (d) Substantiated reports of noncompliance of state rail safety regulations must be
promptly conveyed by the commissioner or the commissioner's designee to the respective
rail carrier.
new text end

new text begin (e) Reports of noncompliance submitted in this manner must be investigated and enforced
by the commissioner using the powers established under section 218.041 or other appropriate
powers. The commissioner must notify the rail carrier of an investigation of a reported
noncompliant statutory or regulatory condition on the carrier's property. Investigative
conclusions or actions taken to rectify the noncompliant safety conditions may be provided
to the reporting party or designated safety representative in the manner established by the
commissioner.
new text end

new text begin (f) Nothing in this section prohibits or limits any other rights and remedies available
under an application for enforcement under section 218.041.
new text end