HB348 Summary

• Trains that come to a complete stop and block railroad-highway grade crossings for two or more continuous hours constitute a public nuisance, except for trains stopped due to mechanical failure where movement is impossible or trains stopped as required by federal law.

• Rail carriers operating trains declared a public nuisance must clear the crossing upon approach of an authorized emergency vehicle or face civil penalties of $7,500 per hour, capped at $75,000 per day.

• The Attorney General or local county/municipal governing body may file an emergency petition requesting a court order to immediately cut, separate, or move a blocking train to allow emergency vehicle passage.

• Rail carriers must bear all costs associated with court-ordered train movement and abatement actions, including reasonable attorney fees for the prevailing party.

• The act becomes effective October 1, 2024.