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 the supplemental safety measures	85
proposed for each public crossing included in the zone comply with	86
the guidelines for the use and operation of those measures as set	87
forth in Appendix (A) of 49 C.F.R. part 222 and are appropriate	88
and adequate for the crossing. If the commission disapproves all	89
or part of an application as to a particular crossing, the	90
commission's order shall state the findings and reasons for	91
disapproval. Nothing in this section precludes the subsequent	92
filing of a substantially modified application by the municipal	93
corporation or township.	94

The commission shall reject an application that does not	95
include the documents described in divisions (B)(2)(a), (b), and,	96
if applicable, (B)(2)(c) and (d) of this section. If the	97
application includes a written reply and a written statement	98
described in division (B)(2)(a) of this section, the commission	99
shall reject the application if the commission finds that the	100
statement from the municipal corporation or township does not	101
adequately address the concerns of the railroad contained in the	102
railroad's written reply. If the application includes a statement	103
described in division (B)(2)(d) of this section, the commission	104
shall reject the application if the commission finds that the	105
application does not adequately address the issue of the safety of	106
those persons who will utilize the private grade crossings located	107
within the quiet zone if the commission approves its creation.	108

Sec. 4955.43. (A) At least ninety days prior to the date of	109
first operation of a railroad quiet zone established pursuant to	110
section 4955.42 of the Revised Code, the municipal corporation or	111
township shall provide detailed, written notice of the established	112
zone by certified mail, return receipt requested, to each railroad	113
operating over a public grade crossing included in the zone, the	114
highway or traffic control authority or law enforcement authority	115
having responsibility for control of vehicular traffic at the	116
crossings, the public utilities commission, the director of public	117
safety, and the associate administrator for safety for the federal	118
railroad administration.	119

(B) For each railroad quiet zone established pursuant to	120
section 4955.42 of the Revised Code, the commission shall issue an	121
order expressly prohibiting any engineer or other person in charge	122
of a locomotive from sounding any locomotive whistle, horn, bell,	123
or other audible warning device within the distance of each public	124
crossing in the zone, as that distance is designated in the order	125
of the commission.	126

Sec. 4955.44.  (A) On and after the date of first operation	127
of a railroad quiet zone established pursuant to section 4955.42	128
of the Revised Code, divisions (B)(1) and (2) of section 4955.32	129
and division (A)(2) of section 4999.04 of the Revised Code do not	130
apply with respect to a public or private grade crossing included	131
in the zone.	132

(B) The establishment of a railroad quiet zone pursuant to	133
sections 4955.41 to 4955.47 of the Revised Code does not preclude	134
the sounding of a locomotive whistle, horn, bell, or other audible	135
device by an engineer or other person in charge of the locomotive	136
to address a perceived potential for injury, death, or loss to	137
person or property, as determined by the sole judgment of the	138
engineer or other person.	139

(C) The commission may suspend summarily the operation of a	140
quiet zone established pursuant to section 4955.42 of the Revised	141
Code if the commission, through any source, obtains sufficient,	142
credible evidence showing that a condition at a public grade	143
crossing located within a quiet zone has changed to such an extent	144
that, even with the continuing existence of the supplemental	145
safety measures at the crossing, the quiet zone no longer	146
qualifies as such under federal law or the commission determines	147
that public safety is otherwise compromised at the crossing.	148
Within fifteen days following the quiet zone suspension date	149
described in this division, the commission shall hold a hearing in	150
the general vicinity of the quiet zone in question to determine	151
whether the quiet zone suspension should be lifted or continued,	152
or whether commission approval of the quiet zone should be	153
rescinded and the quiet zone eliminated.	154

Sec. 4955.45. (A) Each municipal corporation or township that	155
has established a railroad quiet zone pursuant to sections 4955.41	156
to 4955.47 of the Revised Code shall submit a report to the	157
commission every three years after the date of first operation of	158
the zone. The report shall be in such form and contain such	159
information as the commission shall prescribe by rule, including,	160
but not limited to, information on the number of traffic citations	161
issued at the crossing, roadway traffic counts at the crossing,	162
and changes to the crossing and roadway due to construction or	163
improvements.	164

(B) Once every three years after the date of first operation	165
of a railroad quiet zone established pursuant to section 4955.42	166
of the Revised Code, the public utilities commission shall inspect	167
each public grade crossing in the zone and issue a report	168
documenting the compliance of the zone with the commission order	169
issued under that section. The commission also may inspect such a	170
crossing at any other time.	171

(C) The commission at any time and by order, after notice and	172
opportunity for the filing of comments, may require at a public	173
grade crossing in a railroad quiet zone established pursuant to	174
section 4955.42 of the Revised Code the implementation and use of	175
such safety measures as it considers necessary and appropriate to	176
ensure that safety measures are appropriate and adequate for the	177
crossing or to ensure compliance with an order issued under	178
division (C) of that section or with the guidelines for the use	179
and operation of those measures as set forth in Appendix (A) of 65	180
F.R. 2230 to 2270, including to the extent such guidelines are	181
applicable upon any adoption of regulations pursuant to the "Swift	182
Rail Development Act," Pub. L. No. 103-440, 108 Stat. 4615, 49	183
U.S.C. 20153.	184

Sec. 4955.46.  (A) Notwithstanding any other provision of	185
law, the designation, establishment, design, construction,	186
implementation, operation, repair, or maintenance of, or the lack	187
of any of the preceding for, a public grade crossing included in a	188
railroad quiet zone established pursuant to sections 4955.41 to	189
4955.47 of the Revised Code is a governmental function under	190
section 2744.01 of the Revised Code.	191

(B) Sections 9.85 to 9.87 and Chapter 2743. of the Revised	192
Code specify the liability of this state or an officer or employee	193
of this state with respect to a civil action brought for a	194
violation of any provision of sections 4955.41 to 4955.47 of the	195
Revised Code or any order issued under those sections. As used in	196
this division, "state" has the same meaning as in section 2743.01	197
of the Revised Code, and "officer or employee" has the same	198
meaning as in section 9.85 of the Revised Code.	199

(C) Nothing in sections 4955.41 to 4955.47 of the Revised	200
Code obligates or requires the payment by a railroad of any part	201
of the costs of establishing or maintaining such a railroad quiet	202
zone.	203

(D) If, prior to the creation of a railroad quiet zone, a	204
railroad is paying any part of the maintenance costs of a railroad	205
grade crossing protective device then in existence at a railroad	206
grade crossing located within the quiet zone, the railroad shall	207
continue to pay those maintenance costs after the approval by the	208
commission of the quiet zone, but the railroad is not required to	209
pay any of the additional costs associated with the installation	210
or maintenance of any protective device installed thereafter at	211
the railroad grade crossing due to the creation of the quiet zone.	212

(E) Except as provided in division (F) of this section, no	213
money appropriated by the general assembly to pay the costs of	214
measures taken to increase the safety of the traveling public at a	215
public railroad grade crossing shall be diverted from such use	216
after the effective date of this section to pay any of the costs	217
associated with the establishment of a railroad quiet zone,	218
including money in the grade crossing protection fund created by	219
section 4907.472 of the Revised Code.	220

(F) State grade crossing safety funds may be used to pay part	221
of the costs of additional safety improvements required to	222
establish a railroad quiet zone when the municipal corporation or	223
township establishing the quiet zone complies with sections	224
4955.41 to 4955.47 of the Revised Code if either of the following	225
circumstances exist:	226

(1) The municipal corporation or township closes a public	227
grade crossing in the same railroad corridor as the railroad quiet	228
zone.	229

(2) The department of transportation has selected the	230
municipal corporation or township as a participant in the grade	231
separation program along the same railroad corridor as the	232
railroad quiet zone.	233

(G) No political subdivision of the state may use state funds	234
of any kind to assist in the planning, construction, development,	235
operation, or maintenance of a railroad quiet zone unless the	236
political subdivision acts in accordance with sections 4955.41 to	237
4955.47 of the Revised Code.	238

Sec. 4955.47. No railroad company and no employee or agent of	239
the company shall be charged, or is liable in damages to person or	240
property, for any failure to sound an audible warning by whistle,	241
horn, bell, or other audible warning device at a public or private	242
grade crossing equipped in accordance with division (B)(2) of	243
section 4955.32 of the Revised Code or located in a railroad quiet	244
zone established pursuant to section 4955.42 of the Revised Code	245
or in a jurisdiction in which such sounding is restricted or	246
prohibited by law.	247

Section 2. Notwithstanding division (A) of section 4955.42 of	248
the Revised Code as enacted by this act, demonstration quiet zones	249
may be established after the effective date of this act but prior	250
to the effective date of initial federal regulations described in	251
that division. Only the following portions of railroad lines are	252
eligible to have demonstration quiet zones established on them:	253

(A) The Chicago Line of the Norfolk Southern Corporation,	254
from the point where that line enters the municipal corporation of	255
Brook Park in the north and ending where the line exits the	256
municipal corporation of North Ridgeville in the west.	257

(B) The Short Line of the CSX Railroad, from the point where	258
that line enters the municipal corporation of Brooklyn in the east	259
and ending where the line exits the municipal corporation of	260
Olmsted Falls in the south.	261

(C) The Old B&O Line of the CSX Railroad, from the point	262
where that line enters the municipal corporation of Brooklyn in	263
the east and ending where the line exits the municipal corporation	264
of Strongsville in the west.	265

Except as provided in this section, sections 4955.41 to	266
4955.47 of the Revised Code as enacted by this act apply to all	267
demonstration quiet zones created pursuant to this section.	268