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Minnesota Legislature

Office of the Revisor of Statutes

HF 3460

as introduced - 90th Legislature (2017 - 2018) Posted on 03/26/2018 05:39pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to transportation; modifying the state rail safety inspection program;
amending Minnesota Statutes 2016, section 219.015, subdivisions 1, 2.

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

Section 1.

Minnesota Statutes 2016, section 219.015, subdivision 1, is amended to read:


Subdivision 1.

deleted text beginPositionsdeleted text endnew text begin Programnew text end established;new text begin inspector powers andnew text end duties.

(a) The
commissioner of transportation deleted text beginshalldeleted text endnew text begin mustnew text end establish deleted text beginthreedeleted text endnew text begin anew text end state rail safety deleted text begininspector positions
in the Office of Freight and Commercial Vehicle Operations of the Minnesota Department
of Transportation. On or after July 1, 2015, the commissioner may establish a fourth state
rail safety inspector position following consultation with railroad companies
deleted text endnew text begin inspection
program consisting of up to six positions, which may include state rail safety inspectors and
a program supervisor
new text end. The commissioner shall apply to and enter into agreements with the
Federal Railroad Administration (FRA) of the United States Department of Transportation
to participate in the federal State Rail Safety Participation Program deleted text beginfor training and
certification of an inspector
deleted text endnew text begin to train and certify inspectorsnew text end under authority of United States
Code, title 49, sections 20103, 20105, 20106, and 20113, and Code of Federal Regulations,
title 49, part 212.

(b) A state rail safety inspector deleted text beginshalldeleted text endnew text begin may:
new text end

new text begin (1)new text end inspect mainline track, secondary track, and yard and industry track;

new text begin (2)new text end inspect railroad right-of-way, including adjacent or intersecting drainage, culverts,
bridges, overhead structures, and traffic and other public crossings;

new text begin (3)new text end inspect yards and physical plants;

new text begin (4) inspect train equipment;
new text end

new text begin (5) inspect railroad operations;
new text end

new text begin (6)new text end review and enforce safety requirements;

new text begin (7)new text end review maintenance and repair records; and

new text begin (8)new text end review railroad security measures.

(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.

(d) To the extent delegated by the Federal Railroad Administration and authorized by
the commissioner, an 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 2016, section 219.015, subdivision 2, is amended to read:


Subd. 2.

Railroad company assessment; account; appropriation.

(a) As provided in
this subdivision, the 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, Class I Rail Carriers, Class II Railroads, or Class II Carriers; and (3)
operating in this state.

(b) The assessment must be deleted text beginby a division ofdeleted text endnew text begin calculated to allocatenew text end state rail safety
deleted text begin inspectordeleted text endnew text begin inspectionnew text end program costs deleted text beginin equal proportion betweendeleted text endnew text begin proportionally amongnew text end
carriers based on route miles operated in Minnesotadeleted text begin, assessed in equal amounts for 365 days
of the calendar year
deleted text endnew text begin at the time of assessmentnew text end. The commissioner deleted text beginshall assessdeleted text endnew text begin must include
in the assessment calculation
new text end all deleted text beginstart-up or re-establishment costs, all related costs of
initiating the
deleted text end state rail safety deleted text begininspectordeleted text endnew text begin inspectionnew text end programnew text begin costs, including but not limited
to administration, supervision, travel, equipment, training
new text end, and ongoing state rail inspector
duties.

(c) The assessmentsnew text begin collected under this subdivisionnew text end must be deposited in a deleted text beginspecial
account in the special revenue fund, to be known as the
deleted text end state rail safety inspection accountnew text begin,
which is established in the special revenue fund. The account consists of funds provided by
this subdivision, and any other money donated, allotted, transferred, or otherwise provided
to the account
new text end. Money in the account is appropriated to the commissioner deleted text beginfor the
establishment and ongoing responsibilities of
deleted text end new text beginto administer new text endthe state rail safety deleted text begininspectordeleted text endnew text begin
inspection
new text end program.

new text begin EFFECTIVE DATE. new text end

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