Train length

AN ACT Relating to the length of trains on railroads; adding a 1
new chapter to Title 81 RCW; and prescribing penalties.2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:3
NEW SECTION. Sec. 1. (1) The legislature finds that railroad 4
carriers are continuously increasing the length of trains on the 5
railroads operating within our state. Trains of 10,000 to 15,000 feet 6
in length are regularly traversing our state, while trains greater 7
than 20,000 feet in length have been operating within this state and 8
their operation has become commonplace in other states.9
(2) Excessively long trains operating over the unique and widely 10
varying geographical terrain in Washington create a significant 11
safety risk to the public and the environment, especially considering 12
that railroad infrastructure and operational technologies do not 13
exist to ensure the safe movement of excessively long trains. The 14
state has an obligation and the authority to ensure railroad 15
operational safety, security, and, in the event of a hazardous 16
material incident, to support first responder activities, the safety 17
of our communities, the expeditious response of emergency services, 18
and the health and welfare of passengers, the public, and railroad 19
employees. 20
H-0151.1
HOUSE BILL 1862
State of Washington 69th Legislature 2025 Regular Session
By Representatives Santos, Wylie, Reed, Pollet, Doglio, Hackney,
Parshley, Berry, Ramel, Paul, Zahn, Peterson, Ormsby, and Duerr
Read first time 02/06/25. Referred to Committee on Transportation.
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(3) Therefore, the legislature declares that this act regulating 1
the length of trains to reduce risk to the public and our localities 2
constitutes an exercise of the state's police power to protect and 3
promote the health, safety, security, and welfare of the residents of 4
the state by reducing the risk exposure to local communities and 5
protecting environmentally sensitive and/or pristine lands and 6
waterways. 7
NEW SECTION. Sec. 2. The definitions in this section apply 8
throughout this chapter unless the context clearly requires 9
otherwise.10
(1) "Commission" means the utilities and transportation 11
commission created in chapter 80.01 RCW. 12
(2) "Noncompliant" means a train that does not meet the 13
requirements of section 3(1) of this act. 14
(3) "Railroad carrier" means a carrier of persons or property 15
upon vehicles, other than streetcars, operated upon stationary rails, 16
the route of which is principally outside incorporated cities and 17
towns. "Railroad carrier" includes any officers and agents of the 18
railroad carrier. 19
(4) "Rail yards, terminals, and facilities" means any railroad 20
facility owned, operated, leased, or rented that is utilized by a 21
railroad company and includes facilities of foreign railroads where 22
the railroad company operating a train has existing trackage rights 23
allowing operation and use pursuant to federal regulatory records.24
NEW SECTION. Sec. 3. (1) No person, corporation, company, or 25
officer of the court operating any railroad, railway, or any part of 26
any railroad or railway, and engaged as a common carrier, in the 27
transportation of freight or passengers, shall operate, run, permit 28
to be run anywhere over its roads, including on any part of a main 29
track or branch line, or yard, any freight, passenger, or work train 30
exceeding 8,500 feet in length in the state of Washington, except by 31
approval and order of the commission pursuant to section 4 (4) of this 32
act.33
(2) All trains originating from rail yards and terminals within 34
the state of Washington shall comply with this section.35
(3)(a) Except as provided in (b) of this subsection, noncompliant 36
trains entering the state of Washington from jurisdictions outside of 37
the state of Washington operated by railroad companies with rail 38
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yards, terminals, or facilities located outside the state may 1
continue to operate through the state. 2
(b) If a noncompliant train stops to set out or add cars within 3
the state, it must comply with the requirements of subsection (1) of 4
this section while operating in the state. 5
NEW SECTION. Sec. 4. (1) Each train running in violation of 6
section 3 of this act constitutes a separate offense.7
(2) Any person, corporation, company, or officer of the court 8
operating any railroad, or part of any railroad or railway, within 9
the state of Washington, and engaged as a common carrier in the 10
transportation of freight or passengers, who violates section 3 of 11
this act is subject to fines of not less than $25,000 for the first 12
offense and not less than $250,000 for the second offense; and for 13
each and every subsequent offense, the penalty is doubled from the 14
previous violation as determined by the commission through order.15
(3) The commission may reduce the fines in subsection (2) of this 16
section for class III railroad carriers that are not owned by class I 17
railroads. 18
(4)(a) Pursuant to the safety provisions of RCW 81.40.025(4), the 19
commission may consider and determine whether to authorize by order 20
railroad carrier requests to operate trains that exceed 8,500 feet in 21
length, up to a maximum of 10,000 feet in length, on specified routes 22
and direction of travel, provided: 23
(i) Additional crewmembers are assigned to the train, with no 24
less than one additional crewmember positioned on the rear of excess 25
length trains to observe the forward movement and monitor the safe 26
operation of such trains to respond to any issues that become 27
apparent en route; 28
(ii) On board rolling equipment equipped with an accessible air 29
brake release valve is installed; and 30
(iii) A mobile radio to ensure communication with other members 31
of the crew and train dispatchers, which is also capable of 32
establishing direct voice communication with government emergency 33
response agencies and responders, is installed. 34
(b) Commission authorizations granted pursuant to this section 35
shall expire after three years and may be renewed.36
(c) The commission is authorized to establish, impose, and 37
collect fees from railroad companies to recover the full agency 38
p. 3 HB 1862
expenditures necessary to consider, review, determine, and renew 1
carrier requests to operate excess length trains. 2
(d) Violations of commission authorizations are subject to the 3
fines and penalties imposed under this section. However, if a 4
violation results in a serious injury or fatality, the commission may 5
exercise its authority pursuant to RCW 81.40.150(4) to impose fines 6
and penalties that exceed those imposed in this section.7
(5) It is the duty of the commission to enforce this section.8
NEW SECTION. Sec. 5. If any provision of this act or its 9
application to any person or circumstance is held invalid, the 10
remainder of the act or the application of the provision to other 11
persons or circumstances is not affected.12
NEW SECTION. Sec. 6. Sections 1 through 4 of this act 13
constitute a new chapter in Title 81 RCW.14
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