Provides certain requirements concerning railroad safety.

A1530

ASSEMBLY, No. 1530

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblyman CLINTON CALABRESE

District 36 (Bergen and Passaic)

Assemblyman ROBERT J. KARABINCHAK

District 18 (Middlesex)

Assemblywoman ELLEN J. PARK

District 37 (Bergen)

Co-Sponsored by:

Assemblywoman Haider, Assemblyman Bergen and Assemblywoman
Morales

SYNOPSIS

���� Provides certain requirements concerning railroad
safety.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act

concerning railroad safety and supplementing
Title 27 of the Revised Statutes.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� As used in P.L. , c. (C.
) (pending before the
Legislature as this bill):

���� �Board� means the Board of
Public Utilities.

���� �Branch line� means a
secondary railroad track that branches off from a main line.

���� �Commissioner� means the
Commissioner of Transportation.

���� �Dangerous hazardous train�
means any railroad locomotive propelling a railroad tank car or connection of
railroad tank cars transporting 200,000 gallons or more of petroleum or
petroleum products or 20,000 gallons or more of hazardous substances other than
petroleum or petroleum products.

���� �Defects� include, but are not
limited to, hot wheel bearings, hot wheels, defective bearings that are
detected through acoustics, dragging equipment, excessive height or weight,
shifted loads, low hoses, rail temperature, and wheel conditions.

���� �Department� means the
Department of Transportation.

���� �Emergency services provider�
means a law enforcement agency; emergency medical services unit; fire
department; emergency communications provider; hazardous material response unit;
volunteer fire department; duly incorporated fire or first aid company; or
volunteer emergency, ambulance, or rescue squad association, organization, or
company that provides emergency services for a local unit.

���� �Hazardous substances� means
any Class 1 explosives as categorized in Division 1.1, 1.2, or 1.3, as such
terms are defined in 49 C.F.R. s.173.50; any flammable gases as defined in 49
C.F.R. s.173.115(a); any flammable liquids as defined in 49 C.F.R. s.173.120(a);
any hazardous material as designated by the Secretary of Transportation as
hazardous pursuant to 49 U.S.C. s.5103; any high level radioactive waste and
spent nuclear fuel with the same meanings given to a �type B package� or a
�fissile material package� as defined in 49 C.F.R. s.173.403; any material
poisonous by inhalation or material toxic by inhalation as defined in 49 C.F.R.
s.171.8; and any environmentally sensitive chemicals which shall include, but
not be limited to:

���� a.��� AllylChloride;

���� b.��� Carbon Tetrachloride;

���� c.��� Chlorobenzene;

���� d.��� Chloroform;

���� e.��� O-Dichlorobenzene;

���� f.���� Dichloropropane
(Propylene dichloride);

���� g.��� Dichloropropane/Dichloropropene
mixture;

���� h.��� Dichloropropene;

���� i.���� Ethyl Chloride;

���� j.���� Ethylene Dibromide;

���� k.��� Ethylene Dibromide and
Methyl Bromide mixtures;

���� l.���� Ethylene Dichloride;

���� m.�� Epichlorohydrin;

���� n.��� Methyl Chloroform (1,1,1
Trichloroethane);

���� o.��� Methylene Chloride
(Dichloromethane);

���� p.��� Methylene
Chloride/Chloroform mixture;

���� q.��� Perchloroethylene
(Tetrachloroethylene);

���� r.���� Perchloroethylene/Trichloroethylene
mixture; and

���� s.���� Trichloroethylene.

���� �Local unit� means any county
or municipality, or a fire district, or an agency or other instrumentality
thereof, or a duly incorporated volunteer fire, ambulance, first aid,
emergency, or rescue company or squad.

���� �Main line� means a Class I
railroad, as documented in current timetables filed by the Class I railroad
with the Federal Railroad Administration, over which 5,000,000 or more gross
tons of railroad traffic is transported annually. ��Main line� includes
railroads used for regularly scheduled intercity or commuter rail passenger
service, or both.

���� �Major facility� shall have
the same meaning as set forth in section 3 of P.L.1976, c.141 (C.58:10-23.11b).

���� �Owner� or �operator� means,
with respect to any dangerous hazardous train, any person owning the dangerous
hazardous train or operating it by lease, contract, or other form of agreement;
provided, however, that the owner or operator shall not mean a person who
operates a dangerous hazardous train only for the purposes of positioning or
moving railroad tank cars within the confines of a major facility or a person
whose interest in a dangerous hazardous train solely involves the ownership or
lease of one or more railroad tank cars without operational authority.

���� �Petroleum� or �petroleum
products� shall have the same meaning as set forth in section 3 of P.L.1976,
c.141 (C.58:10-23.11b).

���� �Railroad� means any form of
non-highway ground transportation that runs on rails or electromagnetic
guideways, including commuter or other short-haul railroad passenger service in
a metropolitan or suburban area, commuter railroad service and high speed
ground transportation systems that connect metropolitan areas, without regard
to whether those systems use new technologies not associated with traditional
railroads. ��Railroad� does not include rapid transit operations in an urban
area that are not connected to the general railroad system of transportation.

���� �Short line� means an
independent railroad company that operates over a relatively short distance.

���� �Train� means one or more
locomotives coupled with or without cars, requiring an air brake test in
accordance with either 49 C.F.R. Part 232 or 49 C.F.R. Part 238, except during
switching operations or where the operation is that of classifying and assembling
rail cars within a railroad yard for the purpose of making or breaking up
trains. ��Train� includes a single locomotive, multiple locomotives coupled
together, and one or more locomotives coupled with one or more cars.

���� �Wayside detector system�
means an electronic device or a series of connected devices that scan passing
trains, rolling stock, on-track equipment, and their component equipment and
parts for defects.

���� 2.��� a.� The owner or
operator of a dangerous hazardous train shall require a minimum of two crew
members on all dangerous hazardous trains.� The owner or operator of a dangerous
hazardous train shall further require that all dangerous hazardous trains
clearly display the name of the railroad company that owns the dangerous
hazardous train.

���� b.��� The owner or operator of
a dangerous hazardous train shall not be required to provide a minimum of two
crew members on a dangerous hazardous train if:

���� (1)� the train is using a
locomotive or a group of locomotives to assist another train that has incurred
mechanical failure or lacks the power to traverse difficult terrain, including
traveling to or from a location where assistance is provided;

���� (2)� the train is a tourist,
scenic, historic, or excursion operation that is not part of the general
railroad system of transportation;

���� (3)� the train is a locomotive
not attached to railcars, is located inside a rail yard, and is being moved
between tracks in order to keep the train organized and on schedule or is being
moved to or from a maintenance shop; or

���� (4)� the owner or operator is
exempted from the two-person crew requirement by the Commissioner of
Transportation due to having not more than 15 employees and operating a train
at a maximum authorized speed of not more than 15 miles per hour.

���� c.��� Notwithstanding the
exceptions listed in subsection b. of this section, the owner or operator of a
dangerous hazardous train shall require a minimum of two crew members on a
dangerous hazardous train when the dangerous hazardous train is transporting:

���� (1)� one or more loaded
freight cars containing any material poisonous by inhalation as defined in 49
C.F.R. s.171.8, including anhydrous ammonia (UN1005) and ammonia solutions (UN
3318); or

���� (2)� 10 or more loaded freight
cars or freight cars loaded with bulk packaging as defined in 49 C.F.R. s.171.8
or intermodal portable tanks containing any combination of these materials or
any Division 2.1 flammable gases as defined in 49 C.F.R. s.173.115(a), Class 3
flammable liquids as defined in 49 C.F.R. s.173.120(a), Class 1 explosives
categorized in Division 1.1 or 1.2 as such terms are defined in 49 C.F.R.
s.173.50, or hazardous substances listed in 49 C.F.R. s.173.31(f)(2).

���� 3.��� a. �A railroad company,
including a short line, operating within this State on any main line or branch
line shall not operate, or permit to be operated, on any part of a main line or
branch line, any train which exceeds 8,500 feet in length.

���� b.��� Notwithstanding section
4 of
P.L. , c. (C. )
(pending before the Legislature as this bill):

���� (1)� a person or railroad
violating any provision of this section shall be liable for a civil penalty. �Any
civil penalty imposed may be collected, and any costs incurred in connection
therewith may be recovered, in a summary proceeding pursuant to the �Penalty
Enforcement Law of 1999,� P.L.1999, c.274 (C.2A:58-10 et seq.).� The Superior
Court shall have jurisdiction to enforce the �Penalty Enforcement Law of 1999,�
P.L.1999, c.274 (C.2A:58-10 et seq.).

���� (2)� the amount of the civil
penalty shall be at least $500 but not more than $1,000 per foot exceeding the maximum
train length provided in subsection a. of this section; provided that, when a
grossly negligent violation or a pattern of repeated violations has caused an
imminent hazard of death or injury to individuals or has caused death or
injury, the amount of the civil penalty shall not be more than $250,000,
regardless of the length of the train.

���� 4.��� Except as
provided in section 3 of P.L.��� , c.��� (C.������� ) (pending before the
Legislature as this bill), the
provisions of P.L. , c. (C. )
(pending before the Legislature as this bill) shall not apply to the owner or
operator of a Class III carrier, as defined by the Surface Transportation Board
pursuant to 49 C.F.R. Part 1201 1-1, that operates within a single municipality
on not more than 25 total track miles and is engaged in switching or terminal
railroad services.� Nothing contained herein shall be construed to exempt a
major facility from the provisions of the �Spill Compensation and Control Act,�
P.L.1976, c.141 (C.58:10-23.11 et seq.).

���� 5.��� The owner or operator of
each privately owned railroad shall submit a copy of the most recent bridge
inspection report generated pursuant to the federal �Fixing America�s Surface
Transportation Act,� Pub.L.114-94 for every bridge in this State owned by the
railroad, or upon which the railroad is located, to the Commissioner of
Transportation, the Governor and, pursuant to section 2 of P.L.1991, c.164
(C.52:14-19.1), the Legislature.

���� 6.��� a. �The Board of Public
Utilities in conjunction with the New Jersey Department of Transportation shall
work with each railroad company that operates a train in the State to ensure
that wayside detector systems are installed and are operating along railroad
tracks on which the railroad company operates and to ensure that such systems
meet all of the following standards:

���� (1)� the wayside detector systems
are properly installed, maintained, repaired, and operational in accordance
with the latest guidelines issued by the United States Department of
Transportation, the Federal Railroad Administration, and the Association of
American Railroads;

���� (2)� any expired, non-working,
or outdated wayside detector system or component parts of a system are removed
and replaced with new parts or an entirely new system that reflects the current
best practices and standards of the industry;

���� (3)� the railroad company has
defined, written standards and training for its employees pertaining to wayside
detector system defect alerts, the course of action that employees are required
to take to respond to an alert, and appropriate monitoring and responses by the
company if employees fail to take the required course of action; and

���� (4)� the distance between
wayside detector systems is appropriate when accounting for the natural terrain
surrounding the railroad track on which the railroad operates and the safety of
the trains, rolling stock, on-track equipment, operators, passengers, and
persons and property in the vicinity of the railroad track so that if defects
are detected, operators have sufficient time to:

���� (a)�� respond to the alerts
projected by the wayside detector system;

���� (b)� stop the train, rolling
stock, or on-track equipment, if necessary; and

���� (c)�� make all necessary
repairs or, if repair is impossible at the location, to remove the component
parts or equipment that is defective.

���� b.��� If a railroad company
refuses to work or otherwise cooperate with the board and the department in
good faith in accordance with this section, the board and the department shall
investigate the railroad company�s safety practices and standards. �The board
and the department shall determine whether the company appears to be in
compliance with federal railroad safety standards, as defined in 49 C.F.R. Part
209.

���� c.��� If the board and the
department determine that a railroad company does not appear to be in
compliance with the applicable federal standards pursuant to subsection b. of
this section, the board and the department shall:

���� (1)� make a report to the
Federal Railroad Administration within 60 days of making the determination
pursuant to subsection b. of this section. �The report shall detail the results
of the investigation and recommend that the administration take enforcement
action against the railroad company in accordance with its authority for the
safety violations discovered through the investigation; and

���� (2)� send a copy of the report
to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1),
to the Legislature.

���� 7.��� All non-profit labor
organizations representing a class or craft of employees of rail carriers or
rail carrier contractor officials shall be permitted to enter onto railroad
property to assist in inspecting for safety hazards and shall be permitted to
identify alleged safety hazards, including any potential violation of a State
regulation or a Federal Railroad Administration regulation.

���� 8.��� The New Jersey
Department of Transportation shall assist non-profit labor organizations
representing a class or craft of employees of rail carriers or rail carrier
contractors and local emergency services providers to apply for federal
infrastructure safety grants, including grants available under the Consolidated
Rail Infrastructure Safety Improvements (CRISI) Program pursuant to 49 U.S.C.
s.22907 and any �Inflation Reduction Act of 2022,� Pub.L.117-169 program that may
provide funding for these applicants.

���� 9.��� a.� The Department of
Transportation shall adopt rules and regulations pursuant to the
�Administrative Procedure Act,� P.L.1968, c.410 (C.52:14B-1 et seq.), to
effectuate the purposes of sections 2 through 5 and sections 7 and 8 of this
act within 18 months after the effective date of this act.

���� b.��� The Board of Public
Utilities in conjunction with the Department of Transportation shall adopt
rules and regulations pursuant to the �Administrative Procedure Act,� P.L.1968,
c.410 (C.52:14B-1 et seq.), to effectuate the purposes of section 6 of this act
within 18 months after the effective date of this act.

���� 10. If any provision of
P.L.��� , c.��� (C.������� ) (pending before the Legislature as this
bill)
or its application to any person or circumstance is held invalid,
the invalidity shall not affect any other provision or application of
P.L.��� , c.��� (C.������� ) (pending before the Legislature as this
bill)

which can be given effect without the invalid
provision or application, and to this end the provisions of
P.L.���
, c.��� (C.������� ) (pending before the Legislature as this bill)

are severable.

���� 11.� This act shall take
effect immediately.

STATEMENT

���� This bill provides certain
requirements concerning railroad safety.�

���� Under the bill, the owner or
operator of a dangerous hazardous train is to require at least a two-person
crew on all dangerous hazardous trains.� The owner or operator of a dangerous
hazardous train is to further require that all dangerous hazardous trains
clearly display the name of the railroad company that owns the dangerous
hazardous train.� The bill provides for certain exceptions to the two-person
crew requirement, including: when a train is performing helper service; when a
train is a tourist, scenic, historic, or excursion operation that is not part
of the general railroad system of transportation; when a train is a locomotive
that is not attached to railcars, is located inside a rail yard, and is being
moved between tracks or moved to or from a maintenance shop; and when the owner
or operator has been exempted from the two-person crew requirement by the
Commissioner of Transportation.� However, the bill specifies that the
two-person crew requirement is mandatory when a train is transporting one or
more loaded freight cars containing any material poisonous by inhalation or
transporting 10 or more loaded freight cars or freight cars loaded with bulk
packages or containing certain hazardous materials.

���� The bill also prohibits a
railroad company, including a short line, from operating any train that exceeds
8,500 feet in length on any main line or branch line within the State.� Any
person or railroad company that violates this maximum length is liable for a
civil penalty of at least $500 but not more than $1,000 per foot exceeding the
maximum train length allowed under the bill.� The maximum penalty allowed is
$250,000 in instances of gross negligence or a pattern of repeated violations
that cause an imminent hazard of death or injury or that have caused death or
injury, regardless of train length.

���� The owner or operator of a
privately owned railroad is required to submit a copy of federally required
bridge inspection reports to the Commissioner of Transportation, the Governor,
and the Legislature.

���� Under the bill, the Board of
Public Utilities (board), in conjunction with Department of Transportation
(DOT), is required to work with each railroad company that operates in the
State to ensure that wayside detector systems are installed and are operating
along railroad tracks on which the railroad company operates and to ensure that
such systems meet certain standards.� If a railroad company refuses to work or
otherwise cooperate with the board and the DOT in good faith, the board and the
DOT are required to investigate the railroad company�s safety practices and
standards to determine whether the company appears to be in compliance with
federal railroad safety standards.� If the railroad company does not appear to
be in compliance, the board and the DOT are then required to make a report to
the Federal Railroad Administration (administration), within 60 days after this
determination, detailing the results of the investigation and recommending that
the administration take enforcement action against the railroad company. The
bill requires the board and the DOT to send a copy of the report to the
Governor and Legislature.

���� The bill requires that all
non-profit labor organizations representing a class or craft of employees of
rail carriers or rail carrier contractor officials (non-profit labor
organizations) be permitted onto railroad property to assist in inspecting for
safety hazards and are permitted to identify any alleged safety hazards.

���� Finally, the bill requires the
DOT to work with non-profit labor organizations and local emergency response
service providers to apply for federal grants.

���� With the exception of the
maximum length provisions of the bill, this bill does not apply to certain
Class III carriers as defined by the Surface Transportation Board.