ANNAPOLIS, Md. — Entities responsible for damaging public infrastructure may soon be subject to legal action under a new bill submitted by state Sen. Mike McKay and Del. Jason Buckel.
The lawmakers have been searching for a legal method to bring a company such as CSX Transportation to the negotiating table when they are responsible for damages to infrastructure — for example, the railroad bridge on Washington Street in Cumberland.
Trains operated by CSX struck the Washington Street bridge in August 2017 and then again in June 2018. The bridge has been closed since the 2017 strike, basically dividing the street in two, preventing access for motorists and first responders.
House Bill 1126 and Senate Bill 0785 are titled “Public Nuisance: Common Carriers — Damage to Public Infrastructure Act.”
According to the bill, entities involved in public transportation, known as common carriers, that damage public infrastructure necessitating the closure of the infrastructure and creating a public nuisance, may be subject to civil action by state or local government.
“We have a common carrier that has created this ongoing common public nuisance,” said Buckel, a Republican from Allegany County who is House minority leader. “You have streets and roadways closed for years and years that potentially have a negative safety impact for people that live in that area.”
Cumberland has been plagued with bridge problems for nearly 10 years. A bridge on Fayette Street damaged in a CSX train strike in 2018 is not expected to be reconstructed until 2027. CSX has pledged to provide 20% of the $6 million price tag for a replacement span, with federal grant funds secured for the rest.
However, the Washington Street bridge remains closed with no plans in place to fix it, frustrating local officials and residents who have registered complaints during numerous public meetings.
“We appreciate everything the city of Cumberland and Allegany County has done, but we simply need to seek another way to bring a resolution to this problem which has lingered for years now,” said McKay, a Republican who represents Allegany, Garrett and Washington counties.
According to Buckel, a law is needed to attach responsibility.
“There didn’t seem to be anything specific to address it in state law,” said Buckel. “So rather than sit there and try to force CSX to do something that they don’t want to do in respect to bridges, we are going to attempt to create a law that basically makes clear that if you damage public infrastructure through operations of your business, there is going to be a clear path to ongoing liability.”
Although meetings between officials and CSX on the Washington Street bridge have been few in recent years, a sticking point in the past revolved around the height of a replacement bridge. The Washington Street bridge is roughly 18 feet high and CSX would like the bridge to be constructed at current CSX and federal standards of around 23 feet.
However, raising the bridge five feet could likely result in the acquisition, and possible demolition, of homes along the approach as well as construction of retaining walls of up to 11 feet on both sides. In addition to the considerable expense, the elevation of the bridge could also create sight issues for drivers navigating the steep incline.
Buckel said a solution is needed, including the possibility of reconstructing the bridge at its current height.
“I’m a supporter of CSX and what they do, but this is a situation that has gotten out of control where they’ve damaged these roadways and there doesn’t seem to be a solution in sight and we can’t bury our heads anymore about it.”
The bills are currently in judiciary committees in both the House and Senate. Buckel said it’s a statewide issue.
“I did the bill hearing and got a tremendously favorable response from people who have difficult situations, not with just CSX, but other common carriers,” he said.
“Incidents are going to occur and mistakes happen, but when they do it can’t be the taxpayers who bear all of the burden. The company that caused the problem is going to have to come in and be extremely proactive to avoid these kind of liabilities.”