S3389 1R Assembly Statement 12/22/25

These floor amendments:

(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) 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;

(4) require the Department of Transportation (department) to establish a wayside detector system program pursuant to certain requirements outlined in the bill;

(5) establish certain requirements for railroad companies participating in the wayside detector system program, as outlined in the bill;

(6) 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 of Public Utilities (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;

(7) require only the department, and not the board in conjunction with 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;

(8) require a railroad company to promptly coordinate with a labor representative who has been denied access to the property of a privately owned railroad to arrange for the labor representative to enter the property on a later date;

(9) 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;

(10) 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;

(11) 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;

(12) 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;

(13) 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;

(14) 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; and

(15) 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.