Helena — The Senate Energy, Technology and Federal Relations Committee heard Senate Bill 23, a sponsor-supported measure to allow the Montana Public Service Commission to set a reporting threshold by rule for railroad accidents instead of requiring every accident to be reported in statute.
Senator Daniel Zolnikov, sponsor, said current Montana statute requires railroads to report "any accident to the commission regardless of the value of the damage involved in the accident," and noted that the Federal Railroad Administration (FRA) sets a monetary reporting threshold that changes over time. Zolnikov told the committee the bill would let the commission match the federal threshold by rule.
Trevor Graff, external affairs coordinator at the Montana Public Service Commission, told the committee the federal reporting threshold for calendar year 2024 is $12,000 and that the commission seeks rulemaking authority so it can update the state threshold without repeated legislated changes. Graff told the committee this change "would be simpler if we could change that in rule when it needs to be changed rather than waiting a couple years when it changes to come up and make the change in statute."
Representatives of BNSF Railway testified in support. Matt Jones, executive director of public affairs at BNSF, said operating a safe railroad is the company’s priority and described industry accident declines, saying, "operating a safe railroad is the most important thing that we do at BNSF" and pointing to long-term reductions in mainline incidents.
Committee members pressed for clarity about how immediate damage estimates are produced and whether incidents involving hazardous materials could fall below a dollar threshold but still warrant immediate state attention. When Senator Denise Hayman asked how an agency would value destroyed property quickly, Graff said initial reports often start as estimates and that incidents with hazardous-material spills are likely to exceed the federal threshold because cleanup and damage costs rapidly exceed that amount. Senator Janet Ellis asked whether the bill's core effect is to move the $12,000 threshold from statute to PSC rule; Graff confirmed it was.
No opponents testified in person or online. The committee did not take a final vote during the hearing.