To amend sections 4905.54, 4905.57, 4905.95, 4907.47, 4907.60, 4921.21, and 4973.11 and to enact sections 4905.97, 4905.971, 4905.972, 4905.973, 4905.974, and 4905.975 of the Revised Code to require that a portion of forfeitures assessed for violations or compliance failures resulting in property damage be paid to the political subdivision in which the damage occurred or to a political subdivision or state agency that incurred costs in remediating the violation or compliance failure.

Section 1.  That sections 4905.54, 4905.57, 4905.95, 4907.47, 4907.60, 4921.21, and 4973.11 be amended and sections 4905.97, 4905.971, 4905.972, 4905.973, 4905.974, and 4905.975 of the Revised Code be enacted to read as follows:

Sec. 4905.54.  Every public utility or railroad and every officer of a public utility or railroad shall comply with every order, direction, and requirement of the public utilities commission made under authority of this chapter and Chapters 4901., 4903., 4907., and 4909. of the Revised Code, so long as they remain in force. Except as otherwise specifically provided in section 4905.95 of the Revised Code, the public utilities commission may assess a forfeiture of not more than ten thousand dollars for each violation or failure against a public utility or railroad that violates a provision of those chapters or that after due notice fails to comply with an order, direction, or requirement of the commission that was officially promulgated. Each day's continuance of the violation or failure is a separate offense. All Except as provided in sections 4905.97 to 4905.975 of the Revised Code, all forfeitures collected under this section shall be credited to the general revenue fund.

Sec. 4905.57.  Except as otherwise specifically provided in sections 4905.96 and 4923.99 of the Revised Code, actions to recover forfeitures provided for in this chapter and Chapters 4901., 4903., 4907., 4909., and 4923. of the Revised Code shall be prosecuted in the name of the state and may be brought in the court of common pleas of any county in which the public utility, railroad, or motor carrier is located. Such actions shall be commenced and prosecuted by the attorney general when the attorney general is directed to do so by the public utilities commission. Moneys Except as provided in sections 4905.97 to 4905.975 of the Revised Code, moneys recovered by such actions shall be deposited in the state treasury to the credit of the general revenue fund.

Sec. 4905.95.  (A) Except as otherwise provided in division (C) of this section:

(1) The public utilities commission, regarding any proceeding under this section, shall provide reasonable notice and the opportunity for a hearing in accordance with rules adopted under section 4901.13 of the Revised Code.

(2) Sections 4903.02 to 4903.082, 4903.09 to 4903.16, and 4903.20 to 4903.23 of the Revised Code apply to all proceedings and orders of the commission under this section and to all operators subject to those proceedings and orders.

(B) If, pursuant to a proceeding it specially initiates or to any other proceeding and after the hearing provided for under division (A) of this section, the commission finds that:

(1) An operator has violated or failed to comply with, or is violating or failing to comply with, sections 4905.90 to 4905.96 of the Revised Code or the pipe-line safety code, the commission by order:

(a) Shall require the operator to comply and to undertake corrective action necessary to protect the public safety;

(b) May assess upon the operator forfeitures of not more than one hundred thousand dollars for each day of each violation or noncompliance, except that the aggregate of such forfeitures shall not exceed one million dollars for any related series of violations or noncompliances. In determining the amount of any such forfeiture, the commission shall consider all of the following:

(i) The gravity of the violation or noncompliance;

(ii) The operator's history of prior violations or noncompliances;

(iii) The operator's good faith efforts to comply and undertake corrective action;

(iv) The operator's ability to pay the forfeiture;

(v) The effect of the forfeiture on the operator's ability to continue as an operator;

(vi) Such other matters as justice may require.

All Except as provided in sections 4905.97 to 4905.975 of the Revised Code, all forfeitures collected under this division or section 4905.96 of the Revised Code shall be deposited in the state treasury to the credit of the general revenue fund.

(c) May direct the attorney general to seek the remedies provided in section 4905.96 of the Revised Code.

(2) An intrastate pipe-line transportation facility is hazardous to life or property, the commission by order:

(a) Shall require the operator of the facility to take corrective action to remove the hazard. Such corrective action may include suspended or restricted use of the facility, physical inspection, testing, repair, replacement, or other action.

(b) May direct the attorney general to seek the remedies provided in section 4905.96 of the Revised Code.

(C) If, pursuant to a proceeding it specially initiates or to any other proceeding, the commission finds that an emergency exists due to a condition on an intrastate pipe-line transportation facility posing a clear and immediate danger to life or health or threatening a significant loss of property and requiring immediate corrective action to protect the public safety, the commission may issue, without notice or prior hearing, an order reciting its finding and may direct the attorney general to seek the remedies provided in section 4905.96 of the Revised Code. The order shall remain in effect for not more than forty days after the date of its issuance. The order shall provide for a hearing as soon as possible, but not later than thirty days after the date of its issuance. After the hearing the commission shall continue, revoke, or modify the order and may make findings under and seek appropriate remedies as provided in division (B) of this section.

Sec. 4905.97.  The public utilities commission, in assessing a forfeiture pursuant to section 4905.54, 4905.95, 4907.47, 4907.60, 4923.99, or 4973.11 of the Revised Code, shall determine whether the violation or compliance failure for which the forfeiture is assessed resulted in one or both of the following:

(A) Damage in excess of one thousand dollars to property, other than the property of the person required to pay the forfeiture;

(B) Remediation costs in excess of one thousand dollars, incurred by either of the following:

(1) A political subdivision involved in the remediation effort;

(2) A state agency involved in the remediation effort.

If the commission determines that such damage occurred, or such remediation costs have been incurred, those forfeitures collected or recovered shall be placed in the local damage payment fund created in section 4905.971 of the Revised Code.

Sec. 4905.971.  There is hereby created the local damage payment fund, which shall be in the custody of the state treasurer but shall not be a part of the state treasury. The fund shall consist of money deposited into the fund as required under section 4905.97 of the Revised Code. Money in the fund shall be used in accordance with section 4905.972 of the Revised Code. Investment earnings on money in the fund shall be retained by the fund.

Sec. 4905.972.  (A) The public utilities commission shall disburse money from each forfeiture described in section 4905.97 of the Revised Code to the following entities, if the commission approves their application for disbursement:

(1) A political subdivision in which the property damage occurred;

(2) A political subdivision that incurred costs to remediate the violation or compliance failure;

(3) An agency of this state that incurred costs to remediate the violation or compliance failure.

(B) Before making the distribution, the commission may retain from the forfeiture amount collected or recovered an amount necessary to cover its administrative costs pursuant to this section, but not to exceed thirty per cent of the forfeiture collected or recovered.

(C) The amount disbursed shall be equal to the amount of the forfeiture collected or recovered less the amount retained by the commission as allowed by this section.

(D) To the extent that multiple entities apply for disbursement of funds under this section for a specific violation or compliance failure, the commission shall review the applications and apportion the funds for disbursal based upon each applicant's percentage of remediation costs incurred or damages sustained to the total of remediation costs incurred and damages sustained resulting from the violation or compliance failure.

Sec. 4905.973. Funds disbursed to an agency under division (A)(3) of section 4905.972 of the Revised Code are not subject to section 113.08 of the Revised Code. The agency shall deposit the funds received into the remediation cost reimbursement fund, which is hereby created in the custody of the treasurer of state but not as a part of the state treasury. The money in the fund shall be used to reimburse contributing agencies for their remediation costs to the extent of their contributions to the fund plus any investment earnings on those contributions. All investment earnings of the fund shall be credited to the fund.

Sec. 4905.974.  Annually, between the thirtieth day of June and the thirty-first day of July, the public utilities commission shall certify to the office of budget and management the balance in the local damage payment fund that exceeds the amount pledged for disbursements under section 4905.972 of the Revised Code. On the thirty-first day of July, or as soon as possible thereafter, the director of budget and management shall transfer the excess amount to the general revenue fund.

Sec. 4905.975.  The public utilities commission shall adopt rules as necessary to implement the requirements of sections 4905.97 to 4905.974 of the Revised Code, including rules that establish and govern an application process for the disbursement of money from forfeitures under section 4905.972 of the Revised Code.

Sec. 4907.47.  (A) If, after public hearing as to the necessity for installing protective devices at a public railroad highway grade crossing, written notice of which is published once a week for three consecutive weeks in a newspaper of general circulation in the county in which the crossing is located and is given the railroad and public authority involved at least thirty days in advance of such hearing, it is the opinion of the public utilities commission that the public safety requires a gate, automatic alarm bell, or other mechanical device to be erected and maintained at any place where a public road or street is crossed at the same level by a railroad, and the crossing has been declared by the commission to be so dangerous and hazardous as to require additional protective devices, or the public safety requires that a flagman flagger be stationed and maintained at such crossing, the commission shall give the superintendent, manager, or other officer in charge of such railroad a written order of what is required, and shall assign the cost of installing any such device between the railroad and the public in any proportion it determines proper that is consistent with any applicable federal requirements, after giving due consideration to the factors listed in division (B) of this section.

(B) In assigning the cost of any such device the commission shall consider factors of volume of vehicular traffic, volume of train traffic, train type and speed, limitations of view and the causes thereof, savings, if any, which will inure to the railroad as the result of the installation, benefits to the public resulting from the reduction of hazard at the crossing, the probable cost of the installation, the future cost to the railroad of maintaining any such device, and any other special factors and conditions that the commission considers relevant. The commission may accept a railroad's agreement to maintain the installation as being its share of the cost for the protection. If any part of the cost is assigned to the public, it shall be apportioned to the state agency or political subdivision having jurisdiction over such crossing, and may be paid from any funds levied and made available for highway or street purposes; provided, that funds from the grade crossing protection fund created by section 4907.472 of the Revised Code may be used to pay the public's share of the cost. After the commission has issued an appropriate order requiring that additional protective devices be installed by a specific date, which shall be a reasonable time from the date of the order, the railroad concerned shall erect or install the additional protective devices or station the flagman flagger within the time prescribed by the order. If the additional protective devices are not erected or installed within that time, the commission may reduce or eliminate the amount of any funds in the grade crossing protection fund obligated to pay the public's share of the costs relating to the erection, installation, and maintenance of the additional protective devices and, consistent with any applicable federal requirements, may assign to the railroad concerned any amount, up to one hundred per cent, of the total amount of the costs of erecting, installing, and maintaining the additional protective devices.

Any person owning or operating a railroad and neglecting or refusing to erect or maintain such gate, automatic alarm bell, or other mechanical device, or to maintain such flagman flagger, when required by the commission pursuant to this section or section 4907.471 of the Revised Code, and after the commission has issued an appropriate order finding that the public funds will be made available with respect to any protective device it has ordered installed, shall forfeit to the state, for every such neglect or refusal, one thousand dollars, and in addition, shall forfeit one thousand dollars for each day such neglect or refusal continues. Except as provided in sections 4905.97 to 4905.975 of the Revised Code, moneys collected from forfeitures under this section shall be deposited to the state treasury to the credit of the general revenue fund.

Sec. 4907.60.  If a railroad fails to perform a duty enjoined upon it by Chapter 4901., 4903., 4905., 4907., 4909., or 4959. of the Revised Code, or does any act prohibited by any of those chapters, for which failure or act no penalty or forfeiture has been provided by law, or fails to obey a lawful requirement or order made by the public utilities commission or order of any court upon application of the commission, the railroad, except as otherwise specifically provided in section sections 4905.95 and 4905.97 to 4905.975 of the Revised Code, shall forfeit into the state treasury not less than one hundred nor more than ten thousand dollars for each violation or failure. In construing and enforcing this section, the act, omission, or failure of any officer, agent, or other person acting for or employed by a railroad, while acting within the scope of the officer's, agent's, or other person's employment, is the act, omission, or failure of the railroad.

Sec. 4921.21. (A) As used in this section, "adjusted credit amount" means the aggregate amount credited to the public utilities transportation safety fund, less the sum of all of the following:

(1) The fees collected by the public utilities commission, in accordance with the unified carrier registration plan under section 4921.11 of the Revised Code, that exceed the federal certification of revenue for each year of the plan;

(2) The fees collected by the commission on behalf of other states under division (C) of section 4921.15 of the Revised Code;

(3) The forfeitures collected by the commission under section 4923.99 of the Revised Code for violations of rules adopted under division (A)(2) of section 4923.04 of the Revised Code.

(B)(1) There is hereby created in the state treasury the public utilities transportation safety fund. The fees collected in accordance with the unified carrier registration plan under section 4921.11 of the Revised Code, the fees collected under section 4921.15 of the Revised Code, the taxes and fees remitted under section 4921.19 of the Revised Code, the forfeitures imposed under section 4923.99 of the Revised Code, except as provided in division (B)(2) of this section, and the fines collected under section 4163.07 of the Revised Code shall be deposited into the state treasury to the credit of the public utilities transportation safety fund, until the adjusted credit amount in a fiscal year is equal to the total amount appropriated from the fund for the fiscal year. Once this point of parity is reached, any additional fees, taxes, forfeitures, or fines received during the fiscal year shall be credited to the general revenue fund, except as provided in division (B)(2) of this section, and except for both of the following:

(a) The fees collected in accordance with the unified carrier registration plan under section 4921.11 of the Revised Code, that exceed the federal certification of revenue for each year of the plan;

(b) The fees collected on behalf of other states under division (C) of section 4921.15 of the Revised Code.

(2) The first eight hundred thousand dollars of forfeitures collected under section 4923.99 of the Revised Code, for violations of rules adopted under division (A)(2) of section 4923.04 of the Revised Code, during each fiscal year shall be credited to the public utilities transportation safety fund. Any forfeitures in excess of that amount shall be deposited into the general revenue fund, except for those excess forfeitures deposited as required by sections 4905.97 to 4905.975 of the Revised Code. In each fiscal year, the commission shall distribute moneys from these forfeitures credited to the public utilities transportation safety fund for the purposes of emergency response planning and the training of safety, enforcement, and emergency services personnel in proper techniques for the management of hazardous materials releases that occur during transportation or otherwise. For these purposes, fifty per cent of all such moneys credited to the public utilities transportation safety fund shall be distributed to Cleveland state university, forty-five per cent shall be distributed to other educational institutions, state agencies, regional planning commissions, and political subdivisions, and five per cent shall be retained by the commission for the administration of this section and for training employees. However, if, in any such period, moneys from these forfeitures credited to the public utilities transportation safety fund equal an amount less than four hundred thousand dollars, the commission shall distribute, to the extent of the aggregate amount of those moneys, two hundred thousand dollars to Cleveland state university and the remainder to other educational institutions, state agencies, regional planning commissions, and political subdivisions.

(C) The purpose of the public utilities transportation safety fund shall be for defraying all expenses incident to maintaining the nonrailroad transportation activities of the commission.

(D) There is hereby created in the state treasury the federal commercial vehicle transportation systems fund. The fund shall consist of money received from the United States department of transportation's commercial vehicle intelligent transportation systems infrastructure deployment program. The public utilities commission shall use the fund to deploy the Ohio commercial vehicle information systems networks project and to improve safety of motor carrier operations through electronic exchange of data.

(E) There is hereby created in the state treasury the motor carrier safety fund. The fund shall consist of money received from the United States department of transportation for motor carrier safety. The commission shall use the fund to administer the state's motor carrier safety assistance program and associated grants, including the motor carrier safety assistance program basic grant, the incentive grant, the high priority grants, the new entrant safety assurance grant, the safety data improvement grant, or their equivalents.

(F) If the director of budget and management determines there is not sufficient money in the public utilities transportation safety fund, the director shall transfer money from the general revenue fund to the public utilities transportation safety fund in an amount up to the difference between the balance of the public utilities transportation safety fund and the appropriations from that fund. If the director subsequently determines during the fiscal year that the balance of the public utilities transportation safety fund exceeds the amount needed to support the appropriations from the fund, the director shall transfer the excess money, up to the amount of the original transfer, to the general revenue fund.

Sec. 4973.11.  No company operating a railroad over thirty miles in length or an interurban railroad or street railway over four miles in length shall permit a conductor, engineer, fireman fire tender, brakeman brakeperson, or trainman trainperson on a train, a telegraph operator, or a conductor or motorman car operator on a street railway, who has worked as such for fifteen consecutive hours, again to go on duty or perform work until he the person has had at least eight hours' rest, except in cases of detention of trains or cars caused by accident, unavoidable or otherwise. Such companies shall so regulate the hours of employment of their employees that each employee shall have at least eight consecutive hours of rest in each period of twenty-four hours.

A railroad company which that knowingly violates this section shall forfeit not less than five hundred nor more than one thousand dollars for the first offense, and for any subsequent offense, not less than one thousand nor more than fifteen hundred dollars, to be recovered by civil action in the name of the state. Except as provided in sections 4905.97 to 4905.975 of the Revised Code, forfeiture under this section shall be deposited in the state treasury to the credit of the general revenue fund.

Section 2.  That existing sections 4905.54, 4905.57, 4905.95, 4907.47, 4907.60, 4921.21, and 4973.11 of the Revised Code are hereby repealed.