As Introduced

129th General Assembly Regular Session 2011-2012

H. B. No. 439

Representative Hagan, R. 

Cosponsors: Representatives Foley, Letson, Garland, Murray, Gerberry, Phillips, Carney, Yuko, Antonio 

---

A BILL

To enact section 4963.30 of the Revised Code to

1

provide that if a train will be carrying 80,000

2

pounds or more of hazardous materials, the

3

railroad company must provide the train crew with

4

a list of those hazardous materials at least ten

5

hours prior to the train's scheduled departure

6

time.

7

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1.  That section 4963.30 of the Revised Code be	8
enacted to read as follows:	9

Sec. 4963.30.  (A) If a train that will be departing from any	10
location within this state will be transporting eighty thousand	11
pounds or more of hazardous materials, the railroad company that	12
owns or leases the train shall provide each member of the crew who	13
will be on that train with a written document that lists all the	14
hazardous materials that will be transported by that train at the	15
time of departure. The railroad company shall provide each member	16
of the crew with the written document not later than ten hours	17
prior to the train's scheduled departure time.	18

(B) A railroad company that fails to comply with the	19
requirement contained in division (A) of this section is liable	20
for a civil penalty of one thousand dollars per occurrence. The	21
failure of a member of a train crew to receive the list described	22
in division (A) of this section in a timely manner as prescribed	23
in that division constitutes such an occurrence. The attorney	24
general, upon the request of the public utilities commission,	25
shall bring a civil action to collect penalties described in this	26
division. All penalties collected under this division shall be	27
deposited into the state treasury to the credit of the public	28
utilities fund created in section 4905.10 of the Revised Code.	29