REPRESENTATIVES T. Patton, Perry, Price, S. Patton, Schlichter, McGregor, Key, Reinhard, Widowfield, Cirelli, Core, Daniels, DeBose, Domenick, Fessler, Flowers, Hoops, Hughes, Jolivette, Kearns, Kilbane, Latta, Martin, Miller, Raussen, Schmidt, Schneider, Setzer, Skindell, S. Smith, J. Stewart, Walcher, Webster, Wilson

To enact sections 4955.41 to 4955.47 of the Revised

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Code to authorize the establishment of railroad

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quiet zones by municipal corporations and

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townships.

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

Section 1. That sections 4955.41, 4955.42, 4955.43, 4955.44,	5
4955.45, 4955.46, and 4955.47 of the Revised Code be enacted to	6
read as follows:	7

Sec. 4955.41.  As used in sections 4955.41 to 4955.47 of the	8
Revised Code:	9

(A) "Railroad quiet zone" means a designated area including	10
and adjacent to one or more consecutive public grade crossings	11
that are equipped with automatic gates and lights that conform to	12
the manual on uniform traffic control devices and for which one or	13
more supplemental safety measures are implemented and used	14
pursuant to sections 4955.41 to 4955.47 of the Revised Code.	15

(B) "Supplemental safety measure" means a supplementary	16
safety measure, and the guidelines for the use and operation of	17
that measure, that are prescribed in 49 C.F.R. 222.41(a) and (e)	18
and Appendix (A), as set forth in 65 F.R. 2230 to 2270.	19

Sec. 4955.42. (A) A municipal corporation or township may	20
establish within its jurisdiction one or more railroad quiet zones	21
implementing and using one or more supplemental safety measures,	22
through the enactment or adoption, after the effective date of	23
initial regulations adopted pursuant to the "Swift Rail	24
Development Act," Pub. L. No. 103-440, 108 Stat. 4615, 49 U.S.C.	25
20153, of an ordinance or resolution authorizing each zone and	26
subject to public utilities commission approval under this	27
section.	28

(B)(1) Following enactment of an ordinance or resolution	29
under division (A) of this section, the municipal corporation or	30
township shall send a detailed written notice by certified mail,	31
return receipt requested, to each railroad operating over a public	32
grade crossing within the quiet zone. The notice shall request the	33
railroad to give a written reply that includes its comments about	34
the quiet zone and details any concerns the railroad has with any	35
aspect of the quiet zone. The notice shall inform the railroad	36
that if the municipal corporation or township does not receive the	37
railroad's written reply within sixty days of the date of delivery	38
of the notice, the municipal corporation or township is permitted	39
to submit its application for approval of the quiet zone to the	40
commission without the railroad's written reply and inform the	41
commission that it provided the written notice as required by this	42
section but that the railroad did not reply in a timely manner.	43

(2) The municipal corporation or township then may file with	44
the commission an application for commission approval of the	45
railroad quiet zone authorized pursuant to the ordinance or	46
resolution. The application shall be in such form and contain such	47
information as the commission specifies. All applications also	48
shall include all of the following:	49

(a) The written reply described in division (B)(1) of this	50
section, if any, from each railroad operating over a public grade	51
crossing located within the quiet zone. If there is a written	52
reply and it contains concerns that the railroad has about any	53
aspect of the quiet zone, the municipal corporation or township	54
shall include a written statement explaining how it will meet	55
those concerns.	56

(b) A written statement from the federal railroad	57
administration, stating that the agency has no objection to the	58
establishment of the quiet zone;	59

(c) If a municipal corporation or township makes application	60
under this division and wishes to pay all or part of the cost of	61
the installation or maintenance of supplemental safety measures at	62
a highway grade crossing located within the quiet zone in an	63
adjoining municipal corporation or township, a written statement	64
from the adjoining municipal corporation or township agreeing to	65
that arrangement;	66

(d) A list of the private grade crossings, if any, that are	67
located within the quiet zone, and a description of how the	68
municipal corporation or township will ensure the safety of those	69
who utilize those private grade crossings if the commission	70
approves the quiet zone.	71

(3) Any combination of municipal corporations and townships	72
may file a joint application for commission approval of quiet	73
zones within their respective jurisdictions.	74

(C) Upon the filing of an application under division (B) of	75
this section, the commission shall authorize a limited period for	76
the filing of comments by any party regarding the application.	77
After considering any such comments and only by order issued after	78
the effective date of initial regulations adopted pursuant to the	79
"Swift Rail Development Act," Pub. L. No. 103-440, 108 Stat. 4615,	80
49 U.S.C. 20153, the commission may approve the application,	81
approve it with conditions, or reject the application. If the	82
application is complete and otherwise meets all the requirements	83
of this section, the commission shall approve the railroad quiet	84
zone if the commission finds that instituting the proposed quiet	85
zone will increase the overall safety of the rail line for the	86
public and that the supplemental safety measures proposed for each	87
public crossing included in the zone comply with the guidelines	88
for the use and operation of those measures as set forth in	89
Appendix (A) of 65 F.R. 2230 to 2270 and are appropriate and	90
adequate for the crossing. If the commission disapproves all or	91
part of an application as to a particular crossing, the	92
commission's order shall state the findings and reasons for	93
disapproval. Nothing in this section precludes the subsequent	94
filing of a substantially modified application by the municipal	95
corporation or township.	96

The commission shall reject an application that does not	97
include the documents described in divisions (B)(2)(a), (b), and,	98
if applicable, (B)(2)(c) and (d) of this section. If the	99
application includes a written reply and a written statement	100
described in division (B)(2)(a) of this section, the commission	101
shall reject the application if the commission finds that the	102
statement from the municipal corporation or township does not	103
adequately address the concerns of the railroad contained in the	104
railroad's written reply. If the application includes a statement	105
described in division (B)(2)(d) of this section, the commission	106
shall reject the application if the commission finds that the	107
application does not adequately address the issue of the safety of	108
those persons who will utilize the private grade crossings located	109
within the quiet zone if the commission approves its creation.	110

Sec. 4955.43. (A) At least ninety days prior to the date of	111
first operation of a railroad quiet zone established pursuant to	112
section 4955.42 of the Revised Code, the municipal corporation or	113
township shall provide detailed, written notice of the established	114
zone by certified mail, return receipt requested, to each railroad	115
operating over a public grade crossing included in the zone, the	116
highway or traffic control authority or law enforcement authority	117
having responsibility for control of vehicular traffic at the	118
crossings, the public utilities commission, the director of public	119
safety, and the associate administrator for safety for the federal	120
railroad administration.	121

(B) For each railroad quiet zone established pursuant to	122
section 4955.42 of the Revised Code, the commission shall issue an	123
order expressly prohibiting any engineer or other person in charge	124
of a locomotive from sounding any locomotive whistle, horn, bell,	125
or other audible warning device within the distance of each public	126
crossing in the zone, as that distance is designated in the order	127
of the commission.	128

Sec. 4955.44.  (A) On and after the date of first operation	129
of a railroad quiet zone established pursuant to section 4955.42	130
of the Revised Code, divisions (B)(1) and (2) of section 4955.32	131
and division (A)(2) of section 4999.04 of the Revised Code do not	132
apply with respect to a public or private grade crossing included	133
in the zone.	134

(B) The establishment of a railroad quiet zone pursuant to	135
sections 4955.41 to 4955.47 of the Revised Code does not preclude	136
the sounding of a locomotive whistle, horn, bell, or other audible	137
device by an engineer or other person in charge of the locomotive	138
to address a perceived potential for injury, death, or loss to	139
person or property, as determined by the sole judgment of the	140
engineer or other person.	141

(C) The commission may suspend summarily the operation of a	142
quiet zone established pursuant to section 4955.42 of the Revised	143
Code if the commission, through any source, obtains sufficient,	144
credible evidence showing that a condition at a public grade	145
crossing located within a quiet zone has changed to such an extent	146
that, even with the continuing existence of the supplemental	147
safety measures at the crossing, the quiet zone no longer	148
qualifies as such under federal law or the commission determines	149
that public safety is otherwise compromised at the crossing.	150
Within fifteen days following the quiet zone suspension date	151
described in this division, the commission shall hold a hearing in	152
the general vicinity of the quiet zone in question to determine	153
whether the quiet zone suspension should be lifted or continued,	154
or whether commission approval of the quiet zone should be	155
rescinded and the quiet zone eliminated.	156

Sec. 4955.45. (A) Each municipal corporation or township that	157
has established a railroad quiet zone pursuant to sections 4955.41	158
to 4955.47 of the Revised Code shall submit a report to the	159
commission every three years after the date of first operation of	160
the zone. The report shall be in such form and contain such	161
information as the commission shall prescribe by rule, including,	162
but not limited to, information on the number of traffic citations	163
issued at the crossing, roadway traffic counts at the crossing,	164
and changes to the crossing and roadway due to construction or	165
improvements.	166

(B) Once every three years after the date of first operation	167
of a railroad quiet zone established pursuant to section 4955.42	168
of the Revised Code, the public utilities commission shall inspect	169
each public grade crossing in the zone and issue a report	170
documenting the compliance of the zone with the commission order	171
issued under that section. The commission also may inspect such a	172
crossing at any other time.	173

(C) The commission at any time and by order, after notice and	174
opportunity for the filing of comments, may require at a public	175
grade crossing in a railroad quiet zone established pursuant to	176
section 4955.42 of the Revised Code the implementation and use of	177
such safety measures as it considers necessary and appropriate to	178
ensure that safety measures are appropriate and adequate for the	179
crossing or to ensure compliance with an order issued under	180
division (C) of that section or with the guidelines for the use	181
and operation of those measures as set forth in Appendix (A) of 65	182
F.R. 2230 to 2270, including to the extent such guidelines are	183
applicable upon any adoption of regulations pursuant to the "Swift	184
Rail Development Act," Pub. L. No. 103-440, 108 Stat. 4615, 49	185
U.S.C. 20153.	186

Sec. 4955.46.  (A) Notwithstanding any other provision of	187
law, the designation, establishment, design, construction,	188
implementation, operation, repair, or maintenance of, or the lack	189
of any of the preceding for, a public grade crossing included in a	190
railroad quiet zone established pursuant to sections 4955.41 to	191
4955.47 of the Revised Code is a governmental function under	192
section 2744.01 of the Revised Code.	193

(B) Sections 9.85 to 9.87 and Chapter 2743. of the Revised	194
Code specify the liability of this state or an officer or employee	195
of this state with respect to a civil action brought for a	196
violation of any provision of sections 4955.41 to 4955.47 of the	197
Revised Code or any order issued under those sections. As used in	198
this division, "state" has the same meaning as in section 2743.01	199
of the Revised Code, and "officer or employee" has the same	200
meaning as in section 9.85 of the Revised Code.	201

(C) Nothing in sections 4955.41 to 4955.47 of the Revised	202
Code obligates or requires the payment by a railroad of any part	203
of the costs of establishing or maintaining such a railroad quiet	204
zone.	205

(D) If, prior to the creation of a railroad quiet zone, a	206
railroad is paying any part of the maintenance costs of a railroad	207
grade crossing protective device then in existence at a railroad	208
grade crossing located within the quiet zone, the railroad shall	209
continue to pay those maintenance costs after the approval by the	210
commission of the quiet zone, but the railroad is not required to	211
pay any of the additional costs associated with the installation	212
or maintenance of any protective device installed thereafter at	213
the railroad grade crossing due to the creation of the quiet zone.	214

(E) No money appropriated to the public utilities commission	215
that is to be used to pay the costs of measures taken to increase	216
the safety of the traveling public at a public railroad grade	217
crossing shall be diverted from such use after the effective date	218
of this section to pay any of the costs associated with the	219
establishment of a railroad quiet zone, including money in the	220
grade crossing protection fund created by section 4907.472 of the	221
Revised Code.	222

Sec. 4955.47. No railroad company and no employee or agent of	223
the company shall be charged, or is liable in damages to person or	224
property, for any failure to sound an audible warning by whistle,	225
horn, bell, or other audible warning device at a public or private	226
grade crossing equipped in accordance with division (B)(2) of	227
section 4955.32 of the Revised Code or located in a railroad quiet	228
zone established pursuant to section 4955.42 of the Revised Code	229
or in a jurisdiction in which such sounding is restricted or	230
prohibited by law.	231

Section 2. Notwithstanding division (A) of section 4955.42 of	232
the Revised Code as enacted by this act, demonstration quiet zones	233
may be established after the effective date of this act but prior	234
to the effective date of initial federal regulations described in	235
that division. Only the following portions of railroad lines are	236
eligible to have demonstration quiet zones established on them:	237

(A) The Chicago Line of the Norfolk Southern Corporation,	238
from the point where that line enters the municipal corporation of	239
Brook Park in the north and ending where the line exits the	240
municipal corporation of North Ridgeville in the west.	241

(B) The Short Line of the CSX Railroad, from the point where	242
that line enters the municipal corporation of Brooklyn in the east	243
and ending where the line exits the municipal corporation of	244
Olmsted Falls in the south.	245

(C) The Old B&O Line of the CSX Railroad, from the point	246
where that line enters the municipal corporation of Brooklyn in	247
the east and ending where the line exits the municipal corporation	248
of Strongsville in the west.	249

Except as provided in this section, sections 4955.41 to	250
4955.47 of the Revised Code as enacted by this act apply to all	251
demonstration quiet zones created pursuant to this section.	252