House File 726 - Introduced



                                       HOUSE FILE       
                                       BY  D. OLSON, SMITH, WISE,
                                           T. TAYLOR, LYKAM, REICHERT,
                                           MASCHER, MERTZ, D. TAYLOR,
                                           BUKTA, H. MILLER, and
                                           REASONER


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to railway security and providing for penalties.
  2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  3 TLSB 2024YH 82
  4 eg/je/5

PAG LIN



  1  1    Section 1.  NEW SECTION.  327D.210  RISK ASSESSMENT.
  1  2    1.  A railway corporation shall prepare a railroad risk
  1  3 assessment for the purpose of developing a rail security
  1  4 program, describing all of the following:
  1  5    a.  Railroads owned, leased, or operated by the railway
  1  6 corporation, and the function thereof.
  1  7    b.  The type of property transported by railroads owned,
  1  8 leased, or operated by the railway corporation.
  1  9    c.  Hazardous materials and amounts thereof transported or
  1 10 stored by railroads owned, leased, or operated by the railway
  1 11 corporation.
  1 12    d.  Employee training required by the railway corporation.
  1 13    e.  Practices of the railway corporation to prevent, and
  1 14 emergency response procedures in the event of, an attack,
  1 15 sabotage, or other hostile action, including terrorism as
  1 16 defined in section 708A.1, on railroads.  The railway
  1 17 corporation shall describe the procedures to communicate with
  1 18 the department, state and local law enforcement agencies,
  1 19 emergency personnel, and other first responders.  The railway
  1 20 corporation shall consult with the homeland security and
  1 21 emergency management division of the department of public
  1 22 defense.
  1 23    2.  On or before December 1, 2007, the railway corporation
  1 24 shall provide a copy of the risk assessment to the department,
  1 25 state and local law enforcement agencies, emergency personnel,
  1 26 and other first responders.
  1 27    Sec. 2.  NEW SECTION.  327D.211  RAIL SECURITY PROGRAM ==
  1 28 PENALTY.
  1 29    1.  On or before June 30, 2008, a railway corporation shall
  1 30 establish a rail security program to protect the railroads in
  1 31 the state, whether owned, leased, or operated by the railway
  1 32 corporation, from an attack, sabotage, or other hostile
  1 33 action, including terrorism as defined in section 708A.1.
  1 34    2.  The department shall review each rail security program
  1 35 and may order a railway corporation to modify its program.  If
  2  1 the railway corporation fails to comply with the department's
  2  2 order, the railway corporation is subject to a civil penalty
  2  3 of fifty thousand dollars for each day of noncompliance.
  2  4    3.  The program shall require that railway corporation
  2  5 employees be trained and equipped to report and respond to an
  2  6 attack, sabotage, or other hostile action, including terrorism
  2  7 as defined in section 708A.1.
  2  8    4.  After the department approves the program, the railway
  2  9 corporation shall provide a copy of the program to state and
  2 10 local law enforcement agencies, emergency personnel, and other
  2 11 first responders.
  2 12    5.  The railway corporation shall update its program at
  2 13 least once annually and provide a copy of the update to the
  2 14 department, to state and local law enforcement agencies,
  2 15 emergency personnel, and other first responders.
  2 16    6.  The department shall promulgate rules according to
  2 17 chapter 17A to administer sections 327D.210 through 327D.213.
  2 18    Sec. 3.  NEW SECTION.  327D.212  COMMUNITY FACILITIES ==
  2 19 PENALTY.
  2 20    1.  A railway corporation that transports property within
  2 21 fifteen miles of a school, hospital, nursing home, or other
  2 22 type of community facility identified by the department by
  2 23 rule shall meet the following requirements:
  2 24    a.  Provide adequate security personnel to secure all
  2 25 facilities that handle or store hazardous materials.
  2 26    b.  Store hazardous materials only in secure facilities
  2 27 designed for such storage, which shall not include rights=of=
  2 28 way.
  2 29    c.  Ensure that sufficient qualified personnel are
  2 30 available to operate a train as needed to assist, replace, or
  2 31 relieve other personnel who need such assistance.
  2 32    d.  Ensure that the cabs of an occupied locomotive can be
  2 33 secured against an attack, sabotage, or other hostile action,
  2 34 including terrorism as defined in section 708A.1.
  2 35    e.  Limit the use of remote control locomotives when
  3  1 transporting hazardous materials.
  3  2    f.  Secure remote control devices to prevent access by
  3  3 unauthorized personnel and other persons.
  3  4    g.  Ensure that all personnel that transport hazardous
  3  5 materials receive security training on an annual basis
  3  6 regarding hazardous materials.
  3  7    2.  The department may impose a civil penalty not to exceed
  3  8 fifty thousand dollars for each day a railway corporation
  3  9 fails to meet a requirement of this section.
  3 10    Sec. 4.  NEW SECTION.  327D.213  EMPLOYEE PROTECTION.
  3 11    A railway corporation shall not take punitive action
  3 12 against an employee who reports a violation of sections
  3 13 327D.210 through 327D.212 to the department.  An employee
  3 14 subject to any punitive action may seek damages in an amount
  3 15 not to exceed one million dollars from the railway corporation
  3 16 that takes such action, in addition to other remedies such as
  3 17 back pay, reinstatement, and other damages.
  3 18                           EXPLANATION
  3 19    This bill provides new requirements for a railway
  3 20 corporation relating to railroad security against an attack,
  3 21 sabotage, or other hostile action, including terrorism.  The
  3 22 bill requires that, on or before December 1, 2007, a railway
  3 23 corporation shall prepare a risk assessment to include a
  3 24 description of the railroad, the property transported,
  3 25 employee training, and security and emergency procedures.
  3 26 Using the risk assessment, the railway corporation then
  3 27 establishes a rail security program.  The program must include
  3 28 employee training for the purpose of reporting and responding
  3 29 to an attack.
  3 30    The bill also provides that if a railway corporation
  3 31 transports property with 15 miles of a school, hospital,
  3 32 nursing home, or other community facility as identified by the
  3 33 state department of transportation by rule, specific security
  3 34 requirements apply.  The department may impose a civil penalty
  3 35 on a railway corporation that fails to comply with such
  4  1 requirements.
  4  2    The bill also includes a provision to protect an employee
  4  3 who reports a violation of the program and other security
  4  4 requirements in the bill.
  4  5    The bill requires that the department adopt rules to
  4  6 administer the rail security provisions.
  4  7 LSB 2024YH 82
  4  8 eg:nh/je/5