To amend section 3750.20 and to enact sections 3750.23 and 4999.09 of the Revised Code to require rail owners and operators to secure rail facilities and equipment from the threat of terrorism through the development of a vulnerability assessment, an infrastructure protection program, and proper communication with public authorities, and to prohibit a railroad from operating a locomotive, other than on a passenger train, over the road between two terminals unless a certified train service engineer is present in the crew compartment.

Section 1. That section 3750.20 be amended and sections 3750.23 and 4999.09 of the Revised Code be enacted to read as follows:

Sec. 3750.20.  (A) The attorney general, the prosecuting attorney of the county, or the city director of law of the city where a violation has occurred or is occurring, upon the written request of the executive committee of the emergency response commission, the local emergency planning committee, or the fire department having jurisdiction where the violation has occurred or is occurring, or upon the written request of any public authority as defined in section 3750.23 of the Revised Code for a violation of division (G) of that section, shall prosecute to termination or bring an action for injunction against any person who has violated or is violating any section of this chapter or rules adopted or orders issued under it. The court of common pleas in which an action for injunction is filed has the jurisdiction to and shall grant preliminary and permanent injunctive relief upon a showing that the person against whom the action is brought has violated or is violating any section of this chapter or a rule adopted or order issued under it. The court shall give precedence to such an action over all other cases.

Upon the certified written request of any person, the director of environmental protection shall conduct such investigations and make such inquiries as are necessary to secure compliance with this chapter and the rules adopted or orders issued under it. The director or the commission may, upon request or upon their own initiative, investigate or make inquiries into any alleged violation of this chapter or rules adopted or orders issued under it.

(B)(1) Whoever violates section 3750.06 of the Revised Code or an order issued under section 3750.18 of the Revised Code to enforce that section shall pay a civil penalty of not more than twenty-five five thousand dollars for each day of violation.

(2) Whoever violates division (B) of section 3750.17 of the Revised Code shall pay a civil penalty of not more than twenty-five five thousand dollars for each violation.

(3) Whoever violates section 3750.05, 3750.07, or 3750.08 of the Revised Code, divisions (C)(1) to (3) of section 3750.09 of the Revised Code, division (C) of section 3750.10, a rule adopted under division (B)(1)(d) or (e) of section 3750.02 of the Revised Code, an order issued under section 3750.18 of the Revised Code to secure compliance with any of those sections or rules, division (E)(5) of section 3750.03 of the Revised Code, division (E) of section 3750.11 of the Revised Code, or division (C) of section 3750.17 of the Revised Code shall pay a civil penalty of not more than ten six thousand five hundred dollars for each day of violation.

(4) Whoever violates division (G) of section 3750.23 of the Revised Code shall pay a civil penalty of not more than ten thousand dollars for each day of violation.

(5) Whoever violates a provision of this chapter or a rule adopted under it for which no civil penalty is otherwise provided shall pay a civil penalty of not more than ten five thousand dollars for each day of violation. The

The attorney general, the prosecuting attorney of the county, or the city director of law of the city where a violation of this chapter or of a rule adopted or order issued under it has occurred or is occurring, upon the written request of the executive committee of the commission, the committee of the emergency planning district, or of the fire department having jurisdiction where the offense has occurred or is occurring, or upon the written request of any public authority as defined in section 3750.23 of the Revised Code for a violation of division (G) of that section, shall bring an action under this division against any person who has committed or is committing any such violation. All civil penalties received under divisions division (B)(1) to (4), (2), (3), or (5) of this section pursuant to actions brought upon the written request of the executive committee of the emergency response commission shall be credited to the emergency planning and community right-to-know fund created in section 3750.14 of the Revised Code. All civil penalties received under those divisions pursuant to actions brought upon the written request of a local emergency planning committee or fire department shall be credited to the special emergency planning fund created in section 3750.03 of the Revised Code of the district in which the violation occurred. One-half of the civil penalties received under division (B)(4) of this section shall be credited to the rail development fund created in section 4981.09 of the Revised Code to be used by the Ohio rail development commission for purposes authorized by that section. One-half of the civil penalties received under division (B)(4) of this section shall be credited to the public utilities fund created in section 4905.10 of the Revised Code to be used by the public utilities commission for purposes related to its supervision and jurisdiction over railroad transportation, including its enforcement of section 3750.23 of the Revised Code.

(C) Any action for injunction or civil penalties under division (A) or (B) of this section is a civil action governed by the Rules of Civil Procedure.

Sec. 3750.23. (A) As used in this section:

(1) "Community facilities" include schools, hospitals, nursing homes, and other similar sensitive or vulnerable public facilities.

(2) "Critical infrastructure" includes bridges, tunnels, signal systems, and other points of vulnerability on a rail system that handles hazardous cargo.

(3) "Hazardous cargo" means any hazardous chemical or hazardous material.

(4) "Hazardous material" has the meaning given to that term in 49 C.F.R. 171.8. The term also includes any substance or material that an owner or operator of a rail facility transports, stores, or handles as a hazardous material.

(5) "Public authority" means any of the following:

(a) The local emergency planning committee of the emergency planning district in which the rail facility is located;

(b) The fire department with jurisdiction over the rail facility;

(c) The sheriff of the county in which the rail facility is located;

(d) The chief of police of any municipal corporation with jurisdiction over the rail facility;

(e) Any state agency involved in the development of plans to protect railroads or other businesses against terrorist attack, including the department of public safety, the state highway patrol, the office of homeland security, the emergency management agency, the public utilities commission, and the department of transportation.

(6) "Rail facilities" include tracks, terminals, stations, structures, rolling stock, rights-of-way, bridges, tunnels, signal systems, and any other rail property or equipment of the owner or operator that is considered necessary for the operation of rail services.

(B)(1) Not later than one hundred eighty days after the effective date of this section, every owner or operator of a rail facility in the state shall develop a vulnerability assessment of each rail facility in the state; upon request, the office of homeland security shall extend the deadline for developing a vulnerability assessment by forty-five days. The vulnerability assessment shall describe all of the following:

(a) All facilities and their functions;

(b) The types of cargo that move through such facilities, including any hazardous cargo, the classes of hazardous cargo, and the approximate annual amounts of such hazardous cargo;

(c) Any storage of hazardous cargo in rail facilities;

(d) The distances from rail facilities that transport or store hazardous cargo to community facilities located within fifteen miles of the rail facility;

(e) The practices or measures the rail owner or operator employs to prevent acts of sabotage, terrorism, or other crimes on rail facilities;

(f) All required employee security training programs;

(g) The emergency response procedures of the rail owner or operator with regard to acts of sabotage, terrorism, or other crimes;

(h) The procedures the rail owner or operator has established to communicate with public authorities in the event of acts of sabotage, terrorism, or other crimes.

(2) Every owner or operator of a rail facility shall update its vulnerability assessment at least once every year and provide a current copy of the assessment to each public authority, broken down by the classes and annual amounts of hazardous cargo that move through each rail facility.

(3) Any public authority that receives a vulnerability assessment or other security-sensitive information pursuant to this section may provide a copy of that assessment or information to any other public authority but shall not share that vulnerability assessment or security-sensitive information with any other public or private office unless required to do so by federal or state law. Any vulnerability assessment or other security-sensitive information a public authority receives pursuant to this section is not a public record under section 149.43 of the Revised Code and that assessment or information is not subject to the mandatory disclosure requirements of section 149.43 of the Revised Code.

(C)(1) Not later than three hundred sixty days after the effective date of this section, every owner or operator of a rail facility in the state shall establish and implement a rail infrastructure protection program to protect rail facilities from acts of sabotage, terrorism, or other crimes and provide for the security of critical infrastructure; upon request, the office of homeland security shall extend the deadline for establishing and implementing a rail infrastructure protection program by forty-five days. Each rail owner or operator shall do all of the following:

(a) Notify each public authority of the location, size, function, and importance of its critical infrastructure;

(b) Protect critical infrastructure from acts of sabotage, terrorism, or other crimes by providing, at a minimum, twenty-four-hour-per-day surveillance, monitoring, and protection of the facilities;

(c) Train and equip rail personnel to prevent acts of sabotage, terrorism, or other crimes, and to respond in the event of such acts;

(d) Inspect any rail facility located within fifteen miles of a community facility and that handles hazardous cargo on a regular basis to determine the condition of the rail facility and the vulnerability of the rail facility to acts of sabotage, terrorism, or other crimes;

(e) Update its infrastructure protection program at least once every year and provide a current copy of the program to each public authority.

(2) The office of homeland security shall review the infrastructure protection program of each rail owner or operator and may order the rail owner or operator to improve, modify, or change its program to comply with this section.

(D) For any rail facility that handles cargo within fifteen miles of a community facility, the owner or operator of the rail facility shall do all of the following:

(1) Provide adequate security personnel for a rail facility that handles or stores hazardous cargo;

(2) Store hazardous cargo only in secure facilities designed for such storage, which shall not include railroad rights-of-way;

(3) Require rail personnel to be present when locomotive equipment is running and lock unattended locomotive equipment;

(4) Make adequate, qualified personnel available to assist, replace, or relieve train operators who need assistance;

(5) Ensure that the cabs of occupied locomotives can be secured against outsiders who threaten hijack, sabotage, or terrorism;

(6) Limit the use of remote control locomotives to equipment not involving hazardous cargo;

(7) Secure remote control devices to prevent access to such devices by unauthorized personnel, including persons intent on acts of sabotage, terrorism, or other crimes;

(8) Ensure that all employees connected with rail facilities that transport hazardous cargo within fifteen miles of a community facility receive, at least once every twelve months, training related to security, shipment of hazardous cargo, and terrorism prevention.

(E) Each rail owner or operator in the state shall provide communications capability, other than a railroad radio, to do all of the following:

(1) Alert public authorities in the event of sabotage, terrorism, or other crimes;

(2) Allow bridge tenders on movable bridges to alert public authorities in the event of sabotage, terrorism, or other crimes;

(3) Notify rail workers of the local or national threat level for the rail industry.

(F)(1) This section applies to any rail owner or operator, any contractor or subcontractor working on facilities of the rail owner or operator, and any other individual or corporation performing work on rail facilities in the state. All employees of a railroad contractor or subcontractor, and any other individual or corporation performing work on rail facilities in the state, shall receive training adequate to make them as well-trained as employees of the rail owner or operator performing such work, and shall be required to undergo the same background, skills, and fitness-for-duty checks as employees of the rail owner or operator.

(2) No rail owner or operator shall take punitive action of any kind against an employee who reports violations of this section. An employee subject to such punitive action may seek damages in an amount not to exceed twenty-five thousand dollars from any employer who takes such action, in addition to other remedies, including back pay, reinstatement, and other damages.

(G) No rail owner or operator shall fail to comply with division (C)(1) or (D) of this section or an order issued under division (C)(2) of this section.

Sec. 4999.09. (A) No railroad operating in this state shall allow the over-the-road operation of a locomotive between two terminals unless the locomotive operator is a fully certified train service engineer, who at all times shall be present in the crew compartment and shall operate the unit that controls the movement of multiple units.

(B) Division (A) of this section does not apply to any passenger train operating in this state.

(C) The public utilities commission shall enforce this section and may issue any order that may be proper to ensure compliance with this section.

(D) Whoever violates division (A) of this section shall be fined five thousand dollars for each offense.

Section 2. That existing section 3750.20 of the Revised Code is hereby repealed.