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Minnesota Legislature

Office of the Revisor of Statutes

HF 3133

as introduced - 88th Legislature (2013 - 2014) Posted on 03/17/2014 02:03pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to transportation; railroads; providing for railroad, truck, and grade
crossing safety pertaining to the transport of oil and other hazardous materials;
specifying powers and duties; establishing a grant program; requiring a study
and report; appropriating money; amending Minnesota Statutes 2012, section
219.015, subdivisions 1, 2.

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

Section 1.

Minnesota Statutes 2012, section 219.015, subdivision 1, is amended to read:


Subdivision 1.

deleted text beginPositiondeleted text endnew text begin Positionsnew text end established; duties.

new text begin(a) new text endThe commissioner of
transportation shall establish deleted text begina position ofdeleted text endnew text begin three or fournew text end state rail safety inspectornew text begin positions
new text end in the Office of Freight and Commercial Vehicle Operations of the Minnesota Department
of Transportation. The commissioner shall apply tonew text begin and enter into agreements withnew text end the
Federal Railroad Administration (FRA) of the United States Department of Transportation
to participate in the federal State Rail Safety deleted text beginPartnershipdeleted text endnew text begin Participationnew text end Program for training
and certification of an inspector under authority of United States Code, title 49, sections
20103, 20105, 20106, and 20113, and Code of Federal Regulations, title 49, part 212.

new text begin (b)new text end deleted text beginThedeleted text endnew text begin Anew text end state rail safety inspector shall inspect mainline track, secondary track, and
yard and industry track; inspect railroad right-of-way, including adjacent or intersecting
drainage, culverts, bridges, overhead structures, and traffic and other public crossings;
inspect yards and physical plants; review and enforce safety requirements; review
maintenance and repair records; and review railroad security measures.

new text begin (c) A state rail safety inspector may perform, but is not limited to, the duties
described in the federal State Rail Safety Participation Program. An inspector may train,
be certified, and participate in any of the federal State Rail Safety Participation Program
disciplines, including: track, signal and train control, motive power and equipment,
operating practices compliance, hazardous materials, and highway-rail grade crossings.
new text end

new text begin (d)new text end To the extent delegatednew text begin by the Federal Railroad Administration and authorized
new text end by the commissioner, deleted text beginthedeleted text endnew text begin annew text end inspector may issue citations for violations of this chapter, or
to ensure railroad employee and public safety and welfare.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2012, section 219.015, subdivision 2, is amended to read:


Subd. 2.

Railroad company assessment; account; appropriation.

new text begin(a) new text endThe
commissioner shall annually assess railroad companies that are (1) defined as common
carriers under section 218.011, (2) classified by federal law or regulation as Class I
Railroads or Class I Rail Carriers, and (3) operating in this state, by a division ofnew text begin state
rail safety inspector program costs in
new text end equal proportion between carriersnew text begin based on route
miles operated in Minnesota
new text end,new text begin andnew text end assessed in equal amounts for 365 days of the calendar
year. The commissioner shall assess all start-up or re-establishment costs, deleted text beginanddeleted text end all related
costs of initiating the state rail safety inspector program deleted text beginbeginning July 1, 2008. Thedeleted text endnew text begin, and
ongoing
new text end state rail inspector duties deleted text beginmust begin and be assessed on January 1, 2009deleted text end.

new text begin (b)new text end The assessments must be deposited in a special account in the special revenue
fund, to be known as the state rail safety inspection account. Money in the account is
appropriated to the commissioner deleted text beginand may be expended to cover the costs incurreddeleted text end for the
establishment and ongoing responsibilities of the state rail safety inspectornew text begin programnew text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3. new text beginOIL AND OTHER HAZARDOUS MATERIALS; HIGHWAY-RAIL
GRADE CROSSING IMPROVEMENT STUDY.
new text end

new text begin (a) The commissioner of transportation shall conduct a study on highway-rail grade
crossing improvement for oil and other hazardous materials transported by rail. At a
minimum, the study must:
new text end

new text begin (1) provide information that assists in risk management associated with
transportation of oil and other hazardous materials by rail;
new text end

new text begin (2) develop criteria to prioritize needs and improvements at highway-rail grade
crossings;
new text end

new text begin (3) consider alternatives for safety improvements, including but not limited to active
warning devices such as gates and signals, closings, and grade separation; and
new text end

new text begin (4) provide findings and recommendations that serve to direct accelerated
investments in highway-rail grade crossing safety improvements.
new text end

new text begin (b) The commissioner shall submit an interim update on the study by August 31,
2014, and a final report by October 31, 2014, to the chairs and ranking minority members
of the legislative committees with jurisdiction over transportation policy and finance.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4. new text beginAPPROPRIATION; OIL AND OTHER HAZARDOUS MATERIALS,
HIGHWAY-RAIL GRADE CROSSING SAFETY.
new text end

new text begin $5,000,000 is appropriated in fiscal year 2015 from the general fund to the
commissioner of transportation for development and implementation of safety
improvements at highway grade crossings along rail corridors in which oil or other
hazardous materials are transported. The commissioner shall identify highway-rail grade
crossing locations and improvements in consultation with railroads and relevant road
authorities. This is a onetime appropriation.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2014.
new text end