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Minutes for SB271 - Committee on Transportation
Short Title
Limiting the length of trains to 8,500 feet on any main line or branch line and providing for minimum distance for storage of rolling stock.
Minutes Content for Tue, Mar 7, 2023
Chairperson Petersen called the meeting to order at 8:32 a.m., opened the hearing on SB271, and announced that Vice-Chair Kloos would be chairing the meeting.
Senator Bowers introduced Logan Brown, an Emporia high-school student who is shadowing her for the day.
Assistant Revisor Adam Siebers briefed the Committee on the bill (Attachment 1). He explained that the bill restricts railroads to no more than 8500 feet in length and requires them to maintain a minimum distance of at least 250 feet from the near-edge of railroad crossings.
Senator Petersen, District 28, spoke as a proponent for the bill (Attachment 2). He commented that in recent years train length has significantly increased, creating safety issues which are being addressed by the bill. He also noted that often little space is left between railroad cars when they are separated at a crossing; the lack of viewing space creates dangers for vehicles when crossing a double track.
Ty Dragoo, SMART Transportation (International Association of Sheet Metal, Air, Rail, and Transportation) Division, testified as a proponent for the bill (Attachment 3). He stated that his members are being exposed to increased safety hazards because train length has been increased, with some trains extending to three miles; train length also exposes the public to safety issues that are addressed by this bill. Mr. Dragoo reviewed the history of federal regulation; he explained that the 1945 Supreme Court case regulating train length was superseded by the Federal Railroad Safety Act, which gave the states broad authority to regulate railroad safety, an act which permits bills such as SB271. He noted that railroad yards are not able to effectively handle long trains.
Senator McGinn, District 31, spoke in support of the bill (Attachment 4). She recounted numerous incidents that occurred in her district that created serious safety issues for citizens, including school children who crossed the tracks under a train that had been stationary for hours and a main street in Wichita where trains blocked traffic for extended periods of time. She also commented on a 36-year-old mother who was killed crossing tracks with view blocked by a stationary train, an incident which she illustrated with a diagram.
Joe Lauer, a citizen from Frankfort, recounted incidents to illustrate how long trains have created serious issues for residents of the area: isolating one part of the town, blocking emergency vehicles, trapping combines/grain trucks in a field for hours, and forcing vehicles to detour ten miles (Attachment 5).
Brandon Nunnenkamp, an engineer for BNSF Railroad, testified as a proponent (Attachment 6). He explained that currently BNSF operates trains up to 16,000 feet, and the Union Pacific operates even longer trains. As practical issues faced by train crews, he cited the limited range of radios for intra-train communication, the draft demands on a train simultaneously traversing several grades, and the air-brake limitations of long trains, all of which create tension and safety issues for train crews.
Jim Swim, a citizen of Marysville, offered memory reflections of trains going through Marshall County and commented that the increased train lengths have increased the safety threats for local residents (Attachment 7).
Jon Ungerer, County Commissioner, Marshall County, expressing a need for the bill, recounted his personal story of waiting for 45 minutes at a crossing for a moving train to clear the crossing. He commented on the delays experienced by harvest crews from trains blocking crossings and emergency situations that could be life-threatening (Attachment 8).
Conferees responded to members' questions:
- Federal regulations are directed toward freight rates and hazardous materials, but do not address trail length. Public safety is not regulated by federal rules; states may adopt regulations related to safety. (Ty Dragoo)
- Train length was not a problem until recently. More than seven states currently are considering legislation that involves train length. (Ty Dragoo)
Adam Weiskittel, Assistant Vice President, BNSF Railway, testified as an opponent to the bill (Attachment 9). He traced BNSF's approach to safety and explained that a 1945 federal decision addressed train length; current train length issues are reserved for Congress, not states. Responding to a question, he said that shifting train lengths state to state will cause the railroads to lose their competitive edge to the trucking industry.
The Vice-Chair announced that the hearing would continue the following day, March 8, and adjourned the meeting at 9:30 a.m.
