A local legislator’s railway bill is heading to the governor’s desk.
Del. Shelly Simonds, D-Newport News, introduced a measure this General Assembly session that included a variety of railway safety measures, including limiting train lengths to about 1.6 miles and increasing fines for crossing delays up to $500.
However, the bill was pared back and now would only require minimum crews of two on trains moving freight if signed by Gov. Glenn Youngkin. The bill does not apply to trains for utility service or railyard organizing. First violations result in fines between $500 and $2,000, second violations between $1,000 and $5,000 and third violations between $5,000 and $10,000 in a three year-period, with the clock starting on the first violation, according to the bill.
Simonds said she was surprised by the partisanship around the bill, considering similar measures found bipartisan support in states like Colorado and Ohio. At least ten states have passed laws requiring two-person crews and the federal government proposed a similar rule in 2022.
The House bill, with sister legislation in the Senate, passed both chambers along party lines with Republicans voting against it.
It’s the second time Simonds has introduced the bill. Previously, she expressed concerns about the safety of communities that trains pass through, citing hazards that could result in disasters such as the one resulting from a February 2023 derailment in Ohio. Additionally, the regional planning district is looking into railway crossings and which ones can be improved to reduce blockages.
Before the bill was presented to a subcommittee earlier this year, 115 people submitted comments in support of the full bill. Most of the submissions were from railway workers and their families, concerned about overworked employees on one-man trains and rail infrastructure that wasn’t built for long trains.
At a January presentation of the bill, railway union representatives spoke in support of the legislation and argued the state should not wait for federal rulemaking, which has taken years. They also said two-person crews are imperative for responding quickly if there’s an incident while hauling freight.
A representative of the Virginia Railroad Association, an industry group, spoke against the bill, saying though two-man crews aren’t required now, most railroad companies use them.
Last year, industry and company representatives argued against the bill citing momentum on federal rulemaking, the impact on businesses of limiting train lengths and complications companies would face as trains cross into the state, according to a recording of the 2023 subcommittee session. They also discussed how longer trains reduce the number needed, and how labor shortages have caused hiring difficulties.
At the January subcommittee meeting on the bill, a Norfolk Southern representative said the company is expecting a federal rule on crews this month or next, and it is already their standard to have two-person crews. Norfolk Southern declined to comment on the pared back legislation. Earlier this year, the company declined to comment on the original bill, how it would impact operations, or what proposals the company has regarding safety and the flow of traffic. A spokesperson said the company generally does not comment on proposed legislation.
In the future, Simonds said she may introduce parts of the original legislation into smaller single bills to get them through the statehouse.
“We want to make sure that technology innovations are going to improve safety for citizens and not just improve profits for these railroad companies,” Simonds said.
Simonds said if Youngkin vetoes the bill, she’ll try to get the legislation through somehow.
“This is too important to to just push down the track,” she said.
Ian Munro, 757-447-4097, ian.munro@virginiamedia.com
