AB446 - Revises provisions relating to transportation. (BDR 58-207)

EXEMPT (Reprinted with amendments adopted on April 18, 2025) FIRST REPRINT A.B. 446 - *AB446_R1* ASSEMBLY BILL NO. 446–ASSEMBLYMEMBER CARTER MARCH 17, 2025 ____________ Referred to Committee on Growth and Infrastructure SUMMARY—Revises provisions relating to transportation. (BDR 58-207) FISCAL NOTE: Effect on Local Government: Increases or Newly Provides for Term of Imprisonment in County or City Jail or Detention Facility. Effect on the State: Yes. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to transportation; prohibiting trains of a certain length from being run on certain railroads; requiring certain railroads to install certain safety equipment; requiring certain railroad companies to take or refrain from taking certain actions relating to railroad safety; establishing requirements for lighting equipment installed in certain railroad yards; requiring certain reports; providing for the monitoring and inspection of railroads by certain union representatives; prescribing certain requirements relating to the transportation of railroad employees by railroad contract carriers; limiting the hours drivers employed by railroad contract carriers may work; providing for the maintenance and inspection of certain records; providing penalties; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law establishes provisions governing the operation of railroads in this 1 State. (Chapter 705 of NRS) Section 2 of this bill prohibits a Class I or Class II 2 railroad operating in this State from operating, running or allowing to be run on 3 certain railroad tracks a freight or work train that is more than 7,500 feet long. 4 Section 2 also requires a Class I or Class II railroad operating in this State to: (1) 5 install and periodically inspect a hot box detector every 20 miles along certain 6 railroad tracks in this State; and (2) cut, separate or move a train, rolling stock or 7 other on-track equipment that has come to a complete stop and is blocking a 8 railroad grade crossing, if an authorized emergency vehicle is approaching 9 the crossing, with certain exceptions. Section 3 of this bill prohibits a Class I or 10 – 2 – - *AB446_R1* Class II railroad operating in this State from placing or causing to be placed certain 11 material, debris and other objects that could pose a safety hazard to employees of 12 the railroad within a certain area surrounding railroad tracks. 13 Section 4 of this bill requires Class I or Class II railroads that operate a railroad 14 yard where rail cars or locomotives are frequently switched, repaired or inspected at 15 night or where trains are frequently assembled or disassembled at night to: (1) 16 maintain the lighting equipment installed in such railroad yards in good and 17 working order; and (2) repair or replace malfunctioning lighting equipment within 18 48 hours after receiving a report of a malfunction of the equipment. Section 4 19 establishes certain minimum standards for lighting equipment installed in a railroad 20 yard where rail cars or locomotives carrying hazardous materials are frequently 21 switched, repaired or inspected at night or where certain trains carrying such 22 materials are frequently assembled or disassembled at night. Section 4 additionally 23 requires Class I or Class II railroads and the union representatives of the employees 24 of each railroad yard of such railroads to annually compile and transmit to the 25 Public Utilities Commission of Nevada certain reports relating to the maintenance 26 and operation of the lighting equipment installed in the railroad yards operated by 27 the railroad. 28 Section 5 of this bill requires a railroad company owning or operating any 29 railroad in this State to authorize a representative of a union that represents the 30 employees of the railroad to monitor the safety practices of the railroad. Section 5 31 requires a railroad to authorize the representative of such a union to access the 32 property of the railroad to conduct certain inspections and other activities to 33 monitor the safety practices of the railroad. Section 5 also requires a railroad to 34 notify the Commission and certain union officials upon the occurrence of any 35 derailment, collision or other incident involving a train, rail car, locomotive or other 36 equipment owned or operated by the railroad or operated on the railroad tracks 37 owned or operated by the railroad. 38 Section 6 of this bill requires each Class I or Class II railroad operating in this 39 State to provide a bond to the Commission in an amount of not less than $5,000,000 40 to ensure the compliance of the railroad with the provisions of sections 2-5. 41 Section 6 also provides that a railroad that violates the provisions of sections 2-5 is 42 subject to certain civil penalties. Sections 1.5 and 1.7 of this bill define the terms 43 “Class I railroad” and “Class II railroad,” respectively, and section 1.3 of this bill 44 establishes the applicability of those definitions to sections 1.3-6. 45 Existing law requires an operator of a motor vehicle that transports passengers 46 for compensation pursuant to a contract with one or more customers to obtain a 47 permit from the Nevada Transportation Authority as a contract motor carrier. 48 Existing law subjects each contract motor carrier to certain regulations and 49 requirements. (Chapter 706 of NRS) Sections 9-20 of this bill prescribe additional 50 requirements for railroad contract carriers, which are contract motor carriers that 51 specifically transport, for compensation and within this State, employees of a 52 railroad. Section 15 limits, with certain exceptions, the number of hours that a 53 railroad contract carrier can require or allow a driver employed by the carrier to 54 drive or otherwise be on duty for the carrier. Section 15 requires a railroad contract 55 carrier to require that each driver maintains accurate time records on a daily basis. 56 Section 15 requires each railroad contract carrier to collect and retain records for 57 each driver for a period of not less than 1 year. Section 16 prohibits a railroad 58 contract carrier from employing a driver who has twice been convicted of certain 59 traffic offenses within a 3-year period or has ever had his or her driving privileges 60 suspended or revoked due to a conviction of certain traffic offenses. Section 16 61 also requires a railroad contract carrier to maintain for each driver employed by the 62 carrier certain information relating to the driving ability and safety record of the 63 driver. Section 17 prohibits a person from acting as a driver for a railroad contract 64 carrier unless the person submits to testing for alcohol and controlled substances. 65 – 3 – - *AB446_R1* Section 17 also requires a railroad contract carrier to test a driver involved in a 66 crash involving certain injuries for alcohol and controlled substances as soon as 67 practicable after the crash. Section 17 requires a railroad contract carrier to transmit 68 the results of any post-crash testing of a driver to the Authority. Section 18 requires 69 a railroad contract carrier to annually inspect each transport vehicle operated by the 70 carrier. Section 18 further requires a railroad contract carrier to adopt a vehicle 71 safety and maintenance policy, which must provide for the weekly inspection of 72 parts and accessories of each transport vehicle. Section 18 requires each transport 73 vehicle operated by a railroad contract carrier to be equipped with certain 74 equipment and safety features. 75 Existing law requires motor carriers regulated by the Authority to maintain a 76 liability insurance policy in such amounts as the Authority may designate. (NRS 77 706.291) Section 19 instead requires each railroad contract carrier to maintain a 78 certain minimum amount of liability coverage and uninsured and underinsured 79 vehicle coverage. Section 25 of this bill clarifies that the insurance requirements of 80 section 19 apply only to railroad contract carriers and not to other contract motor 81 carriers, which are still required to maintain the minimum amount of coverage 82 prescribed by the Authority. Additionally, section 20 requires a railroad contract 83 carrier to provide a bond to the Authority in an amount of not less than $5,000,000 84 to ensure the compliance of the railroad contract carrier with the provisions of 85 sections 8-20. 86 Existing law declares all contract motor carriers to be affected with a public 87 interest and subject to the permitting, regulatory and enforcement authority of the 88 Authority. (NRS 706.156) Section 22 of this bill requires a railroad contract carrier 89 to comply with the provisions of sections 8-20 in the same manner as the carrier is 90 required to comply with other requirements and regulations applicable to contract 91 motor carriers generally. Sections 26-30 of this bill provide for the enforcement of 92 sections 8-20 by the Authority in the same manner as other provisions relating to 93 motor carriers. Section 23 of this bill clarifies that the requirements of sections 8- 94 20 are inapplicable to vehicles leased to or owned by certain governmental entities. 95 Section 24 of this bill requires a railroad contract carrier to display certain 96 identifying information on each vehicle it operates. Sections 9-14 define certain 97 terms relating to railroad contract carriers and section 8 establishes the applicability 98 of those definitions. Section 21 of this bill applies definitions in existing law 99 relating to the regulation of motor carriers to sections 8-20. 100 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 705 of NRS is hereby amended by adding 1 thereto the provisions set forth as sections 1.3 to 6, inclusive, of this 2 act. 3 Sec. 1.3. As used in sections 1.3 to 6, inclusive, of this act, 4 unless the context otherwise requires, the words and terms defined 5 in sections 1.5 and 1.7 of this act have the meanings ascribed to 6 them in those sections. 7 Sec. 1.5. “Class I railroad” has the meaning ascribed to it in 8 40 C.F.R. § 1033.901. 9 Sec. 1.7. “Class II railroad” has the meaning ascribed to it 10 in 40 C.F.R. § 1033.901. 11 – 4 – - *AB446_R1* Sec. 2. 1. A Class I or Class II railroad operating within 1 this State shall not operate, run or permit to be run anywhere over 2 a main line or branch line in this State any freight or work train 3 that is more than 7,500 feet long. Each train operating or running 4 in violation of this section constitutes a separate violation. 5 2. A Class I or Class II railroad operating within this State 6 shall install and maintain a hot box detector not less than every 20 7 miles along each main line in this State that is owned or operated 8 by the railroad. A railroad that is required to install a hot box 9 detector pursuant to this section shall inspect each such hot box 10 detector installed by the railroad for defects not less than once 11 every 30 days. 12 3. Except for a train, rolling stock or other on-track 13 equipment that is stopped due to mechanical failure where 14 separation or movement is not possible, a Class I or Class II 15 railroad operating within this State shall, upon the approach of an 16 authorized emergency vehicle, cut, separate or cause to be moved 17 any train, rolling stock or other on-track equipment that has come 18 to a complete stop and is blocking a railroad grade crossing. 19 4. As used in this section: 20 (a) “Authorized emergency vehicle” has the meaning ascribed 21 to it in NRS 484A.020. 22 (b) “Branch line” means a secondary railroad track that 23 branches off from a main line. 24 (c) “Hot box detector” means a device that utilizes infrared 25 technology to measure the temperature of axles, bearings and the 26 related equipment of a passing train, rolling stock or other on- 27 track equipment in order to detect potential defects or abnormal 28 temperatures of the measured equipment. 29 (d) “Main line” means: 30 (1) A segment or route of railroad tracks over which 31 5,000,000 gross tons or more of freight railroad traffic is 32 transported annually; and 33 (2) Such other tracks as the Public Utilities Commission of 34 Nevada may prescribe by regulation. 35 (e) “Railroad grade crossing” means any intersection between 36 a highway, as defined in NRS 706.081, and a railroad track. 37 Sec. 3. 1. A Class I or Class II railroad operating within 38 this State shall not knowingly cause to be placed or permit to 39 remain in the safe space of a railroad track any material or 40 condition likely to endanger the safety of an employee, including, 41 without limitation: 42 (a) Scrap iron; 43 (b) Lumber; 44 (c) Debris; 45 – 5 – - *AB446_R1* (d) Vegetation exceeding a height of 4 inches; or 1 (e) Marked unevenness of terrain. 2 2. As used in this section, “safe space” means the area whose 3 dimensions include the entire length of any railroad track and: 4 (a) A height from actual grade level to 14 feet above the top of 5 the rails of the track; and 6 (b) A width extending 8 feet perpendicularly, on both sides, 7 from the center line of the track. 8 Sec. 4. 1. A Class I or Class II railroad that operates a 9 railroad yard in this State where rail cars or locomotives are 10 frequently switched, repaired or inspected at night or where trains 11 are frequently assembled or disassembled at night shall submit to 12 the Public Utilities Commission of Nevada, not later than 13 January 15 of each year, a report that: 14 (a) Identifies each such railroad yard. 15 (b) For each railroad yard identified pursuant to 16 paragraph (a): 17 (1) Describes the nature and placement of lighting 18 equipment currently in use at the railroad yard; and 19 (2) Describes the practices of the railroad relating to 20 maintenance and operation of the lighting equipment described in 21 subparagraph (1). 22 (c) States for each railroad yard identified pursuant to 23 paragraph (a) whether the lighting equipment in the railroad yard 24 meets or exceeds the guidelines for illumination established by the 25 American Railway Engineering and Maintenance-of-Way 26 Association. 27 (d) States for each railroad yard identified pursuant to 28 paragraph (a) [Text truncated for display. Full text available on LegiScan.]