To enact sections 4955.41 to 4955.49 of the Revised Code to authorize the establishment of demonstration railroad quiet zones in specified Ohio cities.

Section 1. That sections 4955.41, 4955.42, 4955.43, 4955.44, 4955.45, 4955.46, 4955.47, 4955.48, and 4955.49 of the Revised Code be enacted to read as follows:

Sec. 4955.41.  As used in sections 4955.41 to 4955.49 of the Revised Code:

(A) "Alternative safety measure" means an alternative safety measure, and the guidelines for the use and operation of that measure, that are prescribed in 49 C.F.R. 222.41(b) and (e) and Appendices (A) and (B), as set forth in 65 F.R. 2230 to 2270.

(B) "Railroad quiet zone" means either of the following:

(1) A designated area including and adjacent to one or more consecutive public grade crossings at which all of the conditions specified in 49 C.F.R. 222.41(c) and Appendix (C), as set forth in 65 F.R. 2230 to 2270, are met;

(2) A designated area including and adjacent to one or more consecutive public grade crossings that are equipped with automatic gates and lights that conform to the manual on uniform traffic control devices and for which one or more supplemental or alternative safety measures are implemented and used pursuant to sections 4955.41 to 4955.49 of the Revised Code.

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

Sec. 4955.42.  Only the following municipal corporations, in accordance with sections 4955.41 to 4955.49 of the Revised Code, may establish demonstration railroad quiet zones within their respective jurisdictions: Strongsville, Berea, Brook Park, Brooklyn, and Olmsted Falls.

Sec. 4955.43. A municipal corporation specified in section 4955.42 of the Revised Code may establish one or more demonstration railroad quiet zones described in division (B)(1) of section 4955.41 of the Revised Code only after the enactment, prior to the effective date of initial regulations adopted pursuant to the "Swift Rail Development Act," Pub. L. No. 103-440, 108 Stat. 4615, 49 U.S.C. 20153, of an ordinance authorizing each zone.

Sec.  4955.44. A municipal corporation specified in section 4955.42 of the Revised Code may establish within its jurisdiction one or more demonstration railroad quiet zones implementing and using one or more supplemental safety measures, only after the enactment, prior to the effective date of initial regulations adopted pursuant to the "Swift Rail Development Act," Pub. L. No. 103-440, 108 Stat. 4615, 49 U.S.C. 20153, of an ordinance authorizing each zone.

Sec. 4955.45. (A) A municipal corporation specified in section 4955.42 of the Revised Code may establish within its jurisdiction one or more demonstration railroad quiet zones implementing and using one or more alternative safety measures, only after the enactment, prior to the effective date of initial regulations adopted pursuant to the "Swift Rail Development Act," Pub. L. No. 103-440, 108 Stat. 4615, 49 U.S.C. 20153, of an ordinance authorizing each zone and subject to public utilities commission approval under this section.

(B) Following enactment of an ordinance under division (A) of this section, the municipal corporation may file with the commission an application for commission approval of the demonstration railroad quiet zone authorized pursuant to the ordinance. The application shall be in such form and contain such information as the commission specifies. Two or more of the municipal corporations specified in section 4955.42 of the Revised Code may file a joint application for commission approval of demonstration quiet zones within their respective jurisdictions.

(C) Upon the filing of an application under division (B) of this section, the commission shall authorize a limited period for the filing of comments by any party regarding the application. After considering any such comments and only by order issued prior to the effective date of initial regulations adopted pursuant to the "Swift Rail Development Act," Pub. L. No. 103-440, 108 Stat. 4615, 49 U.S.C. 20153, the commission shall approve the application, or approve it with conditions, and so authorize a demonstration railroad quiet zone for the municipal corporation or corporations if the commission finds that the alternative safety measures proposed for each public crossing included in the zone comply with the guidelines for the use and operation of those measures as set forth in Appendices (A) and (B) of 65 F.R. 2230 to 2270 and are appropriate and adequate for the crossing. If the commission disapproves all or part of an application as to a particular crossing, the commission's order shall state the findings and reasons for disapproval. Nothing in this section precludes the subsequent filing of a substantially modified application by the municipal corporation.

Sec. 4955.46. (A) At least ninety days prior to the date of first operation of a demonstration railroad quiet zone established pursuant to section 4955.43, 4955.44, or 4955.45 of the Revised Code, the municipal corporation shall provide detailed, written notice of the established zone by certified mail, return receipt requested, to each railroad operating over a public grade crossing included in the zone, the highway or traffic control authority or law enforcement authority having responsibility for control of vehicular traffic at the crossings, the public utilities commission, the director of public safety, and the associate administrator for safety for the federal railroad administration.

(B) For each demonstration railroad quiet zone established pursuant to section 4955.43, 4955.44, or 4955.45 of the Revised Code, the commission shall issue an order expressly prohibiting any engineer or other person in charge of a locomotive from sounding any locomotive whistle, horn, bell, or other audible warning device within the distance of each public crossing in the zone, as that distance is designated pursuant to the ordinance and subsequently specified in the order or, in the case of a zone established pursuant to section 4955.45 of the Revised Code, as that distance is specified in the commission's order issued under that section.

Sec. 4955.47.  (A) On and after the date of first operation of a demonstration railroad quiet zone established pursuant to section 4955.43, 4955.44, or 4955.45 of the Revised Code, divisions (B)(1) and (2) of section 4955.32 and division (A)(2) of section 4999.04 of the Revised Code do not apply with respect to a public grade crossing included in the zone.

(B) The establishment of a demonstration railroad quiet zone pursuant to sections 4955.41 to 4955.49 of the Revised Code does not preclude the sounding of a locomotive whistle, horn, bell, or other audible device by an engineer or other person in charge of the locomotive to address a perceived potential for injury, death, or loss to person or property, as determined by the sole judgment of the engineer or other person.

Sec. 4955.48. (A) Each municipal corporation that has established a demonstration railroad quiet zone pursuant to sections 4955.41 to 4955.49 of the Revised Code shall submit a report to the commission every three years after the date of first operation of the zone. The report shall be in such form and contain such information as the commission shall prescribe by rule, including, but not limited to, information on the number of traffic citations issued at the crossing, roadway traffic counts at the crossing, and changes to the crossing and roadway due to construction or improvements.

(B) Once every three years after the date of first operation of a demonstration railroad quiet zone established pursuant to section 4955.45 of the Revised Code, the public utilities commission shall inspect each public grade crossing in the zone and issue a report documenting the compliance of the zone with the commission order issued under that section. The commission also may inspect such a crossing at any other time.

(C) The commission at any time and by order, after notice and opportunity for the filing of comments, may require at a public grade crossing in a demonstration railroad quiet zone established pursuant to section 4955.45 of the Revised Code the implementation and use of such safety measures as it considers necessary and appropriate to ensure that safety measures are appropriate and adequate for the crossing or to ensure compliance with an order issued under division (C) of that section or with the guidelines for the use and operation of those measures as set forth in Appendices (A) and (B) of 65 F.R. 2230 to 2270, including to the extent such guidelines are applicable upon any adoption of regulations pursuant to the "Swift Rail Development Act," Pub. L. No. 103-440, 108 Stat. 4615, 49 U.S.C. 20153.

Sec. 4955.49.  (A) Notwithstanding any other provision of law, the designation, establishment, design, construction, implementation, operation, repair, or maintenance of, or the lack of any of the preceding for, a public grade crossing included in a demonstration railroad quiet zone established pursuant to sections 4955.41 to 4955.49 of the Revised Code is a governmental function under section 2744.01 of the Revised Code.

(B) Sections 9.85 to 9.87 and Chapter 2743. of the Revised Code specify the liability of this state or an officer or employee of this state with respect to a civil action brought for a violation of any provision of sections 4955.41 to 4955.49 of the Revised Code or any order issued under those sections. As used in this division, "state" has the same meaning as in section 2743.01 of the Revised Code, and "officer or employee" has the same meaning as in section 9.85 of the Revised Code.

(C) Nothing in sections 4955.41 to 4955.49 of the Revised Code authorizes, obligates, or requires the payment by a railroad or this state of any part of the costs of establishing such a demonstration railroad quiet zone.