ASSEMBLY APPROPRIATIONS COMMITTEE
STATEMENT TO
ASSEMBLY, No. 4460
with committee amendments
STATE OF NEW JERSEY
DATED: DECEMBER 18, 2025
The Assembly Appropriations Committee reports favorably and with committee amendments Assembly Bill No. 4460.
As amended, this bill establishes certain railroad safety requirements for certain railroads in the State. Specifically, under the bill, a railroad company is to require at least two crew members on all dangerous hazardous trains unless certain exceptions, as outlined in the bill, are present. The bill specifies that the exceptions do not apply if the dangerous hazardous train is transporting certain materials outlined in the bill or if the dangerous hazardous train originated its operations outside of the State. However, the bill specifies that if a dangerous hazardous train traveling from out of State stops within the State to add or reduce the number of train cars, the dangerous hazardous train is prohibited from resuming its operations until at least two crew members are aboard.
The bill also prohibits a railroad company from operating any train that exceeds 8,500 feet in length on any main line or branch line within the State. A railroad company that violates the train length restriction is to be liable for a civil penalty of at least $500 but not more than $1,000. The bill provides, however, that the civil penalty may be increased to up to $250,000 in certain situations involving a grossly negligent violation or a pattern of repeated violations. Under the bill, each day a violation continues is to constitute a separate and distinct violation. However, the bill authorizes the Commissioner of Transportation (commissioner) to grant a temporary waiver of the train length restriction in certain situations and establishes certain parameters regarding the award and any extension of a temporary waiver.
In addition, the bill establishes certain bridge inspection reporting requirements for railroad companies.
The bill requires the department to investigate a railroad company’s safety practices and standards if the railroad company unreasonably refuses to work or otherwise cooperate with the department to ensure that the wayside detector system requirements established by the bill are met. The bill requires the department to develop and administer a funding assistance program to ensure railroad companies in the State meet the wayside detector system installation and maintenance requirements established by the bill. The bill establishes the minimum requirements for the funding assistance program, as outlined in the bill.
Additionally, the bill requires a labor representative who has been designated by a non-profit labor organization as an inspector with certain qualifications, to be permitted to enter the property of a privately owned railroad (property) to inspect for safety hazards pursuant to State and federal regulations. Under the bill, a railroad company may designate a railroad company employee to accompany the labor representative while on the property. The bill requires the labor representative to carry valid photo identification and written authorization issued by the non-profit labor organization while on the property and to present the identification and written authorization upon request. The bill permits a railroad company to deny a request by a labor representative to enter the railroad property twice in a calendar year for bona fide business reasons but requires the railroad company to promptly coordinate with the labor representative to arrange for the labor representative to enter the property on a later date.
Under the bill, a labor representative acting in good faith and without gross negligence or willful misconduct is to be immune from civil liability for actions taken while on the railroad property. The bill further prohibits a railroad company from bringing a claim against a labor representative alleging an act of trespass upon the railroad property during a railroad inspection and provides that an employee of a privately owned railroad is not to be subject to disciplinary action by the railroad company for any State or federal railroad safety violations identified during an inspection. The bill permits a railroad company to require a labor representative to execute a nondisclosure agreement to protect trade secrets or confidential information viewed during an inspection, except where necessary to report hazardous conditions or violations.
In addition, the bill permits an officer, employee, or agent of the department, at reasonable times and in a reasonable manner, to enter and inspect railroad equipment, facilities, rolling stock, operations, and relevant records and requires the officer, employee, or agent to carry valid photo identification and written authorization issued by the department and to display such identification and authorization upon request. The railroad company is permitted to designate a railroad company employee to accompany the officer, employee, or agent of the department on the privately owned railroad property. Under the bill, the department is authorized to take certain actions the department deems necessary to carry out the railroad inspections and related safety investigations.
The bill further specifies that, with the exception of the provisions concerning the train length restriction, the provisions of the bill are not to apply to a railroad that is a Class III carrier, as defined by federal regulations, that operates within a single municipality on 25 track miles or less and which is engaged in switching or terminal railroad services. The bill clarifies that its provisions are not to be construed to exempt a major facility from the provisions of the “Spill Compensation and Control Act.”
In addition, the bill requires the department to promulgate rules and regulations requiring railroads operating within the State to install and maintain wayside detectors along railroad tracks. Finally, the department is required to adopt and implement certain federal regulations concerning emergency response, which provisions are to apply to all railroads operating within the State moving either passengers or freight, and to notify such railroads of any proposed substantive changes to the federal regulations within 30 days of the proposal.
COMMITTEE AMENDMENTS:
The committee amended the bill to:
(1) revise the definition section;
(2) replace references to “owner or operator” with “railroad company” and “hazardous substances” with “hazardous material,” as appropriate, as those terms are defined in the bill;
(3) remove the requirement that the name of the owner or operator of a dangerous hazardous train be clearly displayed on all dangerous hazardous trains;
(4) clarify that at least two crew members are to be aboard a dangerous hazardous train transporting one or more intermodal portable tanks containing certain materials;
(5) add an additional exception to the minimum two crew member requirement for dangerous hazardous trains to permit a dangerous hazardous train that originated its operation outside of the State without a minimum of two crew members aboard to continue operating through the State. However, if the dangerous hazardous train traveling from out of State makes a stop within the State to add or reduce the number of train cars, the train is prohibited from resuming its operation until at least two crew members are aboard;
(6) specify that a railroad company, rather than a person or railroad, found in violation of certain provisions of the bill is to be liable for a civil penalty if the train exceeds a maximum train length set forth in the bill;
(7) clarify that each day a violation of certain provisions of the bill continues constitutes a separate and distinct violation;
(8) authorize the commissioner to grant a temporary waiver from the train length restriction in certain circumstances outlined in the bill and to establish certain parameters regarding the award and any extension of a temporary waiver;
(9) provide that the bridge inspection reporting requirements provided in the bill apply to bridges owned by railroad companies and to provide that the reports are to be provided within 30 days of each inspection;
(10) require the department to establish a wayside detector system program pursuant to certain requirements outlined in the bill;
(11) establish certain requirements for railroad companies participating in the wayside detector system program, as outlined in the bill;
(12) specify that the department is to investigate a railroad company’s safety practices and standards if the railroad company unreasonably refuses to work or otherwise cooperate with the department in accordance with certain provisions of the bill. As introduced, the board and the department were to conduct such investigation if the railroad company refused to work or otherwise cooperate with the board and the department;
(13) revise the standards for determining whether the distance between wayside detector systems is reasonable to include the clarity and accuracy of radio communications, the length of the train, and the frequency of the trains;
(14) require the department to develop and administer a funding assistance program for railroad companies operating in the State to support compliance with certain installation and maintenance requirements set forth in the bill and to specify certain requirements for the funding assistance program;
(15) remove a provision authorizing all non-profit labor organizations representing a class or craft of employees of rail carriers or rail carrier contractor officials to enter railroad property to assist in inspecting for safety hazards, and to instead authorize a labor representative, who has been designated by a non-profit labor organization as an inspector with certain qualifications, to enter the property of a privately owned railroad to inspect for certain safety hazards, to require the labor representative to carry photo identification and written authorization while on the property, and to permit the railroad company to designate a railroad company employee to accompany the labor representative while on the property;
(16) establish certain circumstances in which a railroad company may deny a labor representative access to the entire property of a privately owned railroad, or areas of the property, as outlined in the bill, and to require the railroad company to promptly coordinate with the labor representative to arrange for the labor representative to enter the property on a later date;
(17) provide that a labor representative acting in good faith and without gross negligence or willful misconduct is to be immune from civil liability for actions undertaken while on the property of a privately owned railroad;
(18) prohibit a railroad company from bringing a claim against a labor representative alleging an act of trespass for entering the railroad property to conduct an inspection pursuant to the bill;
(19) provide that an employee of a privately owned railroad is not to be subject to disciplinary action by the privately owned railroad for any State or federal railroad safety violations identified during an inspection conducted pursuant to the bill;
(20) permit a railroad company to require a labor representative to execute nondisclosure agreements to protect trade secrets or confidential information viewed during an inspection, except where necessary to report hazardous conditions or violations;
(21) permit an officer, employee, or agent of the department, at reasonable times and in a reasonable manner, to enter and inspect railroad equipment, facilities, rolling stock, operations, and relevant records and to require the officer, employee, or agent to carry valid photo identification and written authorization issued by the department, which identification and authorization is to be presented upon the request of the railroad company or any law enforcement officer with jurisdiction over the property;
(22) permit a railroad company to designate a railroad company employee to accompany the officer, employee, or agent of the department while on the railroad property;
(23) authorize the department to take actions the department deems necessary while conducting a railroad inspection and related safety investigation, including those actions outlined in the bill;
(24) remove a section of the bill that would have required the department to assist certain non-profit labor organizations and local emergency services providers to apply for federal infrastructure safety grants;
(25) remove a provision requiring the board to adopt rules and regulations to effectuate certain provisions of the bill and to instead require the department to coordinate with the board through a memorandum of understanding to ensure alignment of certain regulatory activities;
(26) require the department to promulgate rules and regulations, no later than 365 days after the bill’s enactment, requiring railroads within the State to install and maintain wayside detectors along railroad tracks;
(27) require the department to adopt and implement certain federal regulations concerning emergency response, which provisions are to apply to all railroads operating within the State moving either passengers or freight, and to notify such railroads of any proposed substantive changes to the federal regulations within 30 days of the proposal; and
(28) make technical corrections.
FISCAL IMPACT:
Fiscal information for this bill is currently unavailable.