(1) The rail ombudsman shall:
- (a) develop and maintain expertise in and understanding of laws and regulations relating to rail;
- (b) coordinate, consult, and provide information to private citizens, government entities, rail operators, stakeholders, and other interested parties about rail related issues;
(c) on the rail ombudsman's website, provide:
- (i) updated, easily accessible information about the duties of the rail ombudsman; and
- (ii) a form that a member of the public, including a railroad company employee, may use to submit a report or complaint;
- (d) provide education and training regarding rail laws and regulations; and
(e) arrange and facilitate meetings between a rail company and one or more of the following, to resolve a rail dispute described in Subsection (2):
- (i) a local government entity;
- (ii) a large public transit district; or
- (iii) a private property or livestock owner.
(2) The rail ombudsman shall facilitate meetings described in Subsection (1)(e) to resolve issues relating to:
- (a) safety;
- (b) at-grade and grade-separated rail crossings;
- (c) fencing;
- (d) injury to or loss of livestock;
- (e) railroad maintenance, including maintenance agreements and road closures;
- (f) improvements to railroad right-of-way infrastructure;
- (g) track realignment;
- (h) track consolidation; or
- (i) any other issue that has caused a dispute between a rail company and a party described in Subsection (1)(e).
(3) If the rail ombudsman invites a rail company or another party described in Subsection (1)(e) to a meeting to resolve a rail dispute, the rail company or other person shall:
- (a) attend the meeting; and
- (b) attempt to resolve the dispute through the rail ombudsman before filing an action in court or seeking another remedy.
(4) A rail company and a party described in Subsections (1)(e)(i) through (iii) shall provide notice to the rail ombudsman before:
- (a) closing a highway for railroad maintenance; or
(b) starting a construction project involving:
- (i) an at-grade rail crossing; or
- (ii) the realignment or consolidation of railroad tracks.
(5) The rail ombudsman may not address nor participate in:
- (a) organized labor issues or disputes; or
- (b) rail company employee safety issues.
- (6) If a report or complaint described in Subsection (1)(c)(ii) is made in regard to a rail company, the rail ombudsman shall forward the report or complaint to the relevant rail company or other appropriate agency or entity.
Amended by Chapter 462, 2025 General Session