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PRIOR PRINTER'S NO. 1340 PRINTER'S NO. 3068
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1191
Session of
2025
INTRODUCED BY MATZIE, BURGOS, STEELE, DEASY, HILL-EVANS, MADDEN,
GIRAL, McNEILL, PIELLI, FREEMAN, KENYATTA, VENKAT, SANCHEZ,
HADDOCK, MALAGARI, RIVERA, DONAHUE, DAVIDSON, CIRESI, WARREN,
SCHLOSSBERG, SCHMITT, INGLIS, PROKOPIAK, MARKOSEK, GREEN AND
KHAN, APRIL 15, 2025
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
MARCH 24, 2026
AN ACT
Amending Title 66 (Public Utilities) of the Pennsylvania
Consolidated Statutes, in railroads, providing for
prohibition on blocking of crossings, for limitation on
length of freight or work trains, for authorization to
monitor safety practices and operations by collective
bargaining representatives, for safe staffing levels for
trains or light engines, for wayside detector systems, for
study of transportation of hazardous materials or waste and,
for reporting system for transportation of hazardous
materials or waste AND FOR HAZARD IMPACT ASSESSMENT; and
imposing penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 66 of the Pennsylvania Consolidated
Statutes is amended by adding sections to read:
§ 2710. Prohibition on blocking of crossings.
A railroad owner or operator may not allow for the blocking
of a railroad/highway grade crossing that results in the delay
of an emergency vehicle from assisting a person or property in
distress for more than five minutes. The commission shall assess
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a civil penalty of $10,000 for each violation of this section.
§ 2711. Limitation on length of freight or work trains.
A railroad operating on a main track or branch line in this
Commonwealth may not run, or permit to be run, a freight or work
train which exceeds 8,500 feet in length on any part of the main
track or branch line.
§ 2712. Authorization to monitor safety practices and
operations by collective bargaining representatives.
The collective bargaining representative for each craft of
railroad employee and the State director or representative for
each craft of railroad employee shall be permitted to monitor
the safety practices and operations of a railroad operating in
this Commonwealth. The collective bargaining representative or
State director or representative may accompany the commission
during an investigation or inspection of a railroad safety
matter. In monitoring the safety practices and operations of a
railroad under this section, the collective bargaining
representative or State director or representative may take
photographs and conduct an investigation on railroad property as
may be necessary for the purpose of ensuring compliance with
Federal or State laws and regulations , as well as take
photographs and conduct an investigation of a safety hazard that
may result in injury or death to a railroad employee. Any
information, data, evidence or photographs collected by the
monitoring of the safety practices and operations of a railroad
under this section may not be disseminated except in furtherance
of an official investigation related to a potential violation of
Federal or State laws and regulations. A railroad may not ass ert
that the collective bargaining representative or State director
or representative is trespassing on railroad property during an
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investigation authorized under this section.
§ 2713. Safe staffing levels for trains or light engines.
(a) Staffing levels.--A train or light engine used in
connection with the movement of freight in this Commonwealth
shall have a crew that consists of at least two individuals. A
superintendent, trainmaster or other employee of a railroad may
not order or otherwise require a train or light engine used in
connection with the movement of freight to be operated unless
the train or light engine has a crew that consists of at least
two individuals.
(b) Construction.--Subsection (a) shall not apply to a Class
II or III railroad as defined by the United States Surface
Transportation Board on the effective date of this subsection
and shall be construed to relate only to safety, including
ensuring that no train or light engine used in connection with
the movement of freight is left without a functional crew member
as a result of a medical emergency.
(c) Penalties.--The commission may assess a civil penalty
against a person who willfully violates subsection (a) in
accordance with the following:
(1) If, within three years of the violation, the
commission has not previously assessed a civil penalty
against the person under this subsection, the commission may
impose a civil penalty of not less than $1,000, but not more
than $5,000.
(2) If, within three years of the violation, the
commission has previously assessed one civil penalty against
the person under this subsection, the commission may impose a
civil penalty of not less than $5,000, but not more than
$10,000.
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(3) If, within three years of the violation, the
commission has previously assessed two or more civil
penalties against the person under this subsection, the
commission may impose a civil penalty of not less than
$10,000, but not more than $25,000.
(d) Enforcement.--The Attorney General, upon the request of
the commission, shall bring a civil action to collect the
penalties specified under subsection (c). The State Treasurer
shall deposit all of the money collected from the civil
penalties imposed under this section into the General Fund.
(e) De finitions.--As used in this section, the term "train
or light engine used in connection with the movement of freight"
does not include hostler service or utility employees.
§ 2714. Wayside detector systems.
(a) System requirements.--The commission, in consultation
with the department, shall work with a railroad operating in
this Commonwealth to certify that wayside detector systems are
located and functional on tracks where the railroad operates
that are classified as Class IV or greater by the Federal
Railroad Administration on the effective date of this
subsection . The railroad shall ensure that the following
requirements are met:
(1) The wayside detector systems shall be properly
installed, maintained, repaired and operational in accordance
with the guidelines issued by the United States Department of
Transportation and th e Federal Railroad Administration.
(2) Any expired, nonworking or outdated wayside detector
system or its component parts shall be removed and replaced
with new parts or an entirely new wayside detector system.
(3) The distance between wayside detector systems shall
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be appropriate, when accounting for the natural terrain
surrounding a track where the railroad operates and the
safety of the trains, rolling stock, on-track equipment,
their operators, their passengers and the persons and
property in the vicinity of the track, to provide an operator
of a train with sufficient time to do any of the following if
a defect is detected:
(i) Respond to an alert projected by a wayside
detector system.
(ii) Stop the train, rolling stock or on-track
equipment, if necessary.
(iii) Make necessary repairs or, if a repair is
impossible at the location, remove the component parts or
equipment that is defective.
(4) The railroad shall have defined, written standards
and training for railroad employees pertaining to wayside
detector system defect alerts, the course of action that
railroad employees are required to take to respond to the
alerts and appropriate monitoring and responses by the
railroad if railroad employees fail to take the required
course of action.
(b) Refusal to cooperate.--If a railroad refuses to work or
otherwise cooperate with the commission in good faith under
subsection (a), the commission shall investigate the railroad's
safety practices and standards in accordance with 49 CFR Pt. 212
(relating to State safety participation regulations). The
commission shall determine whether the railroad appears to be in
compliance with Federal railroad safety laws as defined in 49
CFR 209.3 (relating to definitions) .
(c) Noncompliance.--If a railroad does not appear to be in
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compliance with Federal railroad safety laws based on an
investigation conducted under subsection (b), no later than 60
days after the conclusion of the investigation, the commission
shall make a report to the Federal Railroad Administration. The
report shall detail the results of the investigation and
recommend that the Federal Railroad Administration take
enforcement action within the Federal Railroad Administration's
authority against the railroad for the safety violations
discovered through the investigation. The commission shall send
a copy of the report to the following:
(1) The Governor.
(2) The President pro tempore of the Senate.
(3) The Minority Leader of the Senate.
(4) The Speaker of the House of Representatives.
(5) The Minority Leader of the House of Representatives.
(d) Notice of defects.--When a wayside detector system
detects a defect in a passing train, rolling stock, on-track
equipment or its component equipment and parts, if the message
regarding the defect is not immediately sent to the operator of
the train, rolling stock or on-track equipment, the person who
receives the message shall immediately notify the operator of
the train, rolling stock or on-track equipment of the defect.
The commission shall ensure that the manner in which a wayside
detector system message is sent and received complies with this
subsection.
(e) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Defect." Any of the following:
(1) A hot wheel bearing.
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(2) A hot wheel.
(3) A defective bearing that is detected through
acoustics.
(4) Dragging equipment.
(5) Excessive height or weight.
(6) A shifted load.
(7) A low hose.
(8) A rail temperature defect.
(9) A wheel condition defect.
"Department." The Department of Transportation of the
Commonwealth.
"Wayside detector system." 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.
§ 2715. Study of transportation of hazardous materials or
waste.
(a) Examination of Federal and State laws.--The commission,
in consultation with the department, shall examine current
Federal and State laws regarding the following:
(1) The regulations and protocols pertaining to the
transportation of hazardous materials and hazardous waste by
railroads.
(2) The requirements pertaining to when, how and to whom
the transportation of hazardous materials and hazardous waste
by railroads shall be disclosed.
(b) Report.--The commission, in consultation with the
department, shall compile the information examined under
subsection (a) into a report. The report shall include
recommendations regarding the following:
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(1) Methods to strengthen the Commonwealth's safety
requirements for the transportation of hazardous materials
and hazardous waste by railroads.
(2) Appropriate enhancements to current civil and
criminal penalties relating to the transportation of
hazardous materials and hazardous waste by railroads,
including penalties for the following:
(i) The mishandling of hazardous materials and
hazardous waste.
(ii) Failing to disclose or failing to meet all
disclosure requirements relating to the transportation of
hazardous materials and hazardous waste.
(c) Submission.--No later than 90 days after the effective
date of this subsection, the commission, in consultation with
the department, shall submit the report required under
subsection (b) to all of the following:
(1) The President pro tempore of the Senate.
(2) The Minority Leader of the Senate.
(3) The Speaker of the House of Representatives.
(4) The Minority Leader of the House of Representatives.
(d) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Department." The Department of Transportation o f the
Commonwealth.
§ 2716. Reporting system for transportation of hazardous
materials or waste.
The commission shall promulgate regulations to create a
reporting system for the transportation of hazardous materials
and waste by railroads within this Commonwealth. The information
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contained in the reporting system shall not be made public or
otherwise be accessible under the act of February 14, 2008
(P.L.6, No.3), known as the Right-to-Know Law, but the
commission shall make the information available via a secure
online database accessible only to the Federal Emergency
Management Agency, the Pennsylvania Emergency Management Agency
and county emergency management agencies.
Section 2. This act shall take effect in 180 days.
§ 2717. HAZARD IMPACT ASSESSMENT.
(A) SUBMISSION.--IN ADDITION TO ANY REQUIREMENTS UNDER
SECTION 2702 (RELATING TO CONSTRUCTION, RELOCATION, SUSPENSION
AND ABOLITION OF CROSSINGS), NO RAIL CARRIER MAY CONSTRUCT A NEW
RAILYARD OR EXPAND AN EXISTING RAILYARD WITHOUT FIRST SUBMITTING
A HAZARD IMPACT ASSESSMENT TO THE COMMISSION AND THE DEPARTMENT
OF TRANSPORTATION IF THE CONSTRUCTION OR EXPANSION OF THE
RAILYARD AFFECTS THE TRAFFIC PATTERNS OR SAFETY OF A PUBLIC
GRADE CROSSING.
(B) SCOPE.--THE HAZARD IMPACT ASSESSMENT UNDER SUBSECTION
(A) SHALL BE LIMITED TO THE IMPACT OF THE FACILITY ON PUBLIC
ROADWAY SAFETY AND SHALL INCLUDE:
(1) AN ANALYSIS OF PROJECTED VEHICULAR TRAFFIC VOLUMES
AT ALL GRADE CROSSINGS WITHIN A ONE-MILE RADIUS OF THE
FACILITY.
(2) IDENTIFICATION OF HIGH-RISK INTERSECTIONS,
INCLUDING:
(I) SIGHT LINE OBSTRUCTIONS DUE TO TOPOGRAPHY OR
PERMANENT STRUCTURES.
(II) RISKS OF VEHICULAR QUEUING ONTO TRACKS DUE TO
NEARBY TRAFFIC SIGNALS.
(III) REPEATED BLOCKAGE OF EMERGENCY RESPONSE
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ROUTES.
(C) MITIGATION PLAN.--IF THE HAZARD IMPACT ASSESSMENT
IDENTIFIES A HIGH-RISK INTERSECTION, THE RAIL CARRIER SHALL
INCLUDE A MITIGATION PLAN AS PART OF THE APPLICATION. THE PLAN
SHALL DETAIL PHYSICAL IMPROVEMENTS TO MITIGATE THE IDENTIFIED
HAZARDS, WHICH MAY INCLUDE:
(1) INSTALLATION OF FOUR-QUADRANT GATES.
(2) CONSTRUCTION OF GRADE SEPARATIONS.
(3) IMPLEMENTATION OF ADVANCED TRAFFIC PREEMPTION
SYSTEMS CONNECTED TO HIGHWAY TRAFFIC SIGNALS.
(D) VIOLATION.--A RAIL CARRIER THAT FAILS TO SUBMIT THE
HAZARD IMPACT ASSESSMENT REQUIRED UNDER THIS SECTION OR FAILS TO
IMPLEMENT A COMMISSION-APPROVED MITIGATION PLAN COMMITS A
VIOLATION OF THIS CHAPTER AND SHALL BE SUBJECT TO THE PENALTIES
UNDER CHAPTER 33 (RELATING TO VIOLATIONS AND PENALTIES).
(E) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING
WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
SUBSECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:
"HAZARD IMPACT ASSESSMENT." A COMPREHENSIVE STUDY EVALUATING
THE POTENTIAL IMPACT OF RAILROAD INFRASTRUCTURE CHANGES ON
PUBLIC ROADWAY SAFETY, EMERGENCY RESPONSE ACCESS AND GRADE
CROSSING MECHANICS.
"HIGH-RISK INTERSECTION." A GRADE CROSSING IDENTIFIED BY THE
COMMISSION WHERE GEOMETRIC, TOPOGRAPHIC OR TRAFFIC VOLUME
FACTORS CREATE A HEIGHTENED PROBABILITY OF ACCIDENTS OR VEHICLE
ENTRAPMENT OR OTHERWISE WOULD CREATE AN IMMEDIATE DANGER TO THE
SAFETY AND WELFARE OF THE PUBLIC.
"RAILYARD." A SYSTEM OF TRACKS WITHIN DEFINED LIMITS
PROVIDED FOR THE MAKING UP OF TRAINS, STORING OF CARS AND OTHER
PURPOSES, WHICH INVOLVES SWITCHING MOVEMENTS.
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SECTION 2. THE PROVISIONS OF THIS ACT ARE SEVERABLE. IF ANY
PROVISION OF THIS ACT OR ITS APPLICATION TO ANY PERSON OR
CIRCUMSTANCE IS HELD INVALID, THE INVALIDITY SHALL NOT AFFECT
OTHER PROVISIONS OR APPLICATIONS OF THIS ACT WHICH CAN BE GIVEN
EFFECT WITHOUT THE INVALID PROVISION OR APPLICATION.
SECTION 3. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
(1) THE ADDITION OF 66 PA.C.S. § 2717 SHALL TAKE EFFECT
IN 60 DAYS.
(2) THIS SECTION SHALL TAKE EFFECT IMMEDIATELY.
(3) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 180
DAYS.
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