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Bill to harmonize PSC statute with federal railroad rules draws mixed views
Summary
LB1162 would update state law to reference applicable federal code and regulations so Nebraska Public Service Commission inspectors can carry out State Safety Participation duties with the Federal Railroad Administration; the PSC and safety groups supported the clarification while BNSF opposed, arguing federal systems and technology already provide robust safety oversight.
Sen. Beau Ballard introduced LB1162 on behalf of the Public Service Commission, saying the bill updates state statute to reference the full set of federal railroad regulations that relate to the PSC's state safety participation program with the Federal Railroad Administration (FRA). "Updating these references to include all relevant provisions of the federal code and regulations ensures that the commission inspectors can carry out their responsibilities and fully collaborate with the FRA," Ballard said.
Dylan Keifer Johnson, the PSC's director of motor transportation and railroad safety manager, told the committee the change does not expand PSC jurisdiction or create independent enforcement authority. Instead, Johnson said, broader references to CFR parts clarify inspectors' roles across disciplines (motive power, equipment and track) and reduce ambiguity about what state inspectors are expected to review.
Supporters including SmartTD said harmonization promotes accuracy and reporting consistency. Jeff Davis of BNSF opposed the bill, arguing long‑term FRA data and industry technologies (automated track inspection, wayside detectors, ODIN) have materially reduced derailments and that adding state authority could duplicate federal oversight without measurable safety gains. Committee members pressed on the bill's practical effects — Ballard and PSC witnesses said the change is mainly statutory housekeeping to ensure state inspectors can meet federal certification expectations and that no additional PSC employees are planned under the bill.
The committee did not vote during the hearing; senators discussed technical clarifications and asked for any needed assurances that language would not impose additional burdens on rail operators.
