wa-law.org > bill > 2025-26 > HB 1862 > Original Bill
The legislature finds that railroad carriers are continuously increasing the length of trains on the railroads operating within our state. Trains of 10,000 to 15,000 feet in length are regularly traversing our state, while trains greater than 20,000 feet in length have been operating within this state and their operation has become commonplace in other states.
Excessively long trains operating over the unique and widely varying geographical terrain in Washington create a significant safety risk to the public and the environment, especially considering that railroad infrastructure and operational technologies do not exist to ensure the safe movement of excessively long trains. The state has an obligation and the authority to ensure railroad operational safety, security, and, in the event of a hazardous material incident, to support first responder activities, the safety of our communities, the expeditious response of emergency services, and the health and welfare of passengers, the public, and railroad employees.
Therefore, the legislature declares that this act regulating the length of trains to reduce risk to the public and our localities constitutes an exercise of the state's police power to protect and promote the health, safety, security, and welfare of the residents of the state by reducing the risk exposure to local communities and protecting environmentally sensitive and/or pristine lands and waterways.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
"Commission" means the utilities and transportation commission created in chapter 80.01 RCW.
"Noncompliant" means a train that does not meet the requirements of section 3(1) of this act.
"Railroad carrier" means a carrier of persons or property upon vehicles, other than streetcars, operated upon stationary rails, the route of which is principally outside incorporated cities and towns. "Railroad carrier" includes any officers and agents of the railroad carrier.
"Rail yards, terminals, and facilities" means any railroad facility owned, operated, leased, or rented that is utilized by a railroad company and includes facilities of foreign railroads where the railroad company operating a train has existing trackage rights allowing operation and use pursuant to federal regulatory records.
No person, corporation, company, or officer of the court operating any railroad, railway, or any part of any railroad or railway, and engaged as a common carrier, in the transportation of freight or passengers, shall operate, run, permit to be run anywhere over its roads, including on any part of a main track or branch line, or yard, any freight, passenger, or work train exceeding 8,500 feet in length in the state of Washington, except by approval and order of the commission pursuant to section 4(4) of this act.
All trains originating from rail yards and terminals within the state of Washington shall comply with this section.
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Except as provided in (b) of this subsection, noncompliant trains entering the state of Washington from jurisdictions outside of the state of Washington operated by railroad companies with rail yards, terminals, or facilities located outside the state may continue to operate through the state.
If a noncompliant train stops to set out or add cars within the state, it must comply with the requirements of subsection (1) of this section while operating in the state.
Each train running in violation of section 3 of this act constitutes a separate offense.
Any person, corporation, company, or officer of the court operating any railroad, or part of any railroad or railway, within the state of Washington, and engaged as a common carrier in the transportation of freight or passengers, who violates section 3 of this act is subject to fines of not less than $25,000 for the first offense and not less than $250,000 for the second offense; and for each and every subsequent offense, the penalty is doubled from the previous violation as determined by the commission through order.
The commission may reduce the fines in subsection (2) of this section for class III railroad carriers that are not owned by class I railroads.
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Pursuant to the safety provisions of RCW 81.40.025(4), the commission may consider and determine whether to authorize by order railroad carrier requests to operate trains that exceed 8,500 feet in length, up to a maximum of 10,000 feet in length, on specified routes and direction of travel, provided:
Additional crewmembers are assigned to the train, with no less than one additional crewmember positioned on the rear of excess length trains to observe the forward movement and monitor the safe operation of such trains to respond to any issues that become apparent en route;
On board rolling equipment equipped with an accessible air brake release valve is installed; and
A mobile radio to ensure communication with other members of the crew and train dispatchers, which is also capable of establishing direct voice communication with government emergency response agencies and responders, is installed.
Commission authorizations granted pursuant to this section shall expire after three years and may be renewed.
The commission is authorized to establish, impose, and collect fees from railroad companies to recover the full agency expenditures necessary to consider, review, determine, and renew carrier requests to operate excess length trains.
Violations of commission authorizations are subject to the fines and penalties imposed under this section. However, if a violation results in a serious injury or fatality, the commission may exercise its authority pursuant to RCW 81.40.150(4) to impose fines and penalties that exceed those imposed in this section.
It is the duty of the commission to enforce this section.
If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.