Minnesota Legislature
HF 3460
as introduced - 90th Legislature (2017 - 2018) Posted on 03/26/2018 05:39pm
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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 begin Positionsdeleted text end new text begin Programnew text end established;new text begin inspector powers andnew text end duties.
(a) The
commissioner of transportation deleted text begin shalldeleted text end new text begin mustnew text end establish deleted text begin threedeleted text end new text begin anew text end state rail safety deleted text begin inspector 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 companiesdeleted text end new text begin inspection
program consisting of up to six positions, which may include state rail safety inspectors and
a program supervisornew 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 begin for training and
certification of an inspectordeleted text end new 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 begin shalldeleted text end new 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 begin by a division ofdeleted text end new text begin calculated to allocatenew text end state rail safety
deleted text begin inspectordeleted text end new text begin inspectionnew text end program costs deleted text begin in equal proportion betweendeleted text end new 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 yeardeleted text end new text begin at the time of assessmentnew text end . The commissioner deleted text begin shall assessdeleted text end new text begin must include
in the assessment calculationnew text end all deleted text begin start-up or re-establishment costs, all related costs of
initiating thedeleted text end state rail safety deleted text begin inspectordeleted text end new text begin inspectionnew text end programnew text begin costs, including but not limited
to administration, supervision, travel, equipment, trainingnew 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 begin special
account in the special revenue fund, to be known as thedeleted 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 accountnew text end . Money in the account is appropriated to the commissioner deleted text begin for the
establishment and ongoing responsibilities ofdeleted text end new text begin to administer new text end the state rail safety deleted text begin inspectordeleted text end new text begin
inspectionnew 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