0097-hb 1588

CHAPTER 97

HB 1588 - FINAL VERSION

AN ACT relative to the authority of the department of transportation regarding rail safety inspections.

SPONSORS: Rep. G. Katsakiores, Rock 13; Rep. Whittemore, Merr 13; Rep. Mosher, Hills 30; Rep. R. Nowe, Rock 3; Rep. Peter Cote, Hills 32; Sen. Russman, Dist 19; Sen. Klemm, Dist 22; Sen. Francoeur, Dist 14

This bill clarifies the authority of the commissioner of the department of transportation regarding railroad safety and inspection programs.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

AN ACT relative to the authority of the department of transportation regarding rail safety inspections.

Be it Enacted by the Senate and House of Representatives in General Court convened:

97:1 Statement of Purpose. The purpose of this act is to clarify the authority of the department of transportation to inspect rail properties for safety and enforce rail safety regulations within the state.

97:2 Railroads; Rail Safety and Inspection Program. RSA 367:55 is repealed and reenacted to read as follows:

I. For railroad properties within the state that are subject to federal regulation, the commissioner shall have the authority to participate in carrying out inspection activities in connection with any rule, regulation, order, or standard prescribed by the Secretary of Transportation of the United States under the authority of the Federal Railroad Safety Act of 1970, as amended, provided that the commissioner shall comply with all of the requirements imposed by federal law as a condition to such participation.

II. For railroad properties within the state that are not subject to federal regulation, the commissioner shall carry out such inspections as are necessary to maintain railroad safety within the state. If the commissioner finds any equipment or facilities to be unsafe, a proceeding shall be commenced as provided by law to develop an order for corrective action.

III. The commissioner shall employ such expert, professional, or other assistance as is necessary to carry out the activities of this section, provided that a former railroad employee shall not perform inspections within the same railroad division in which he or she formerly worked for a period of one year from the date the person terminated his or her railroad employment.