New Mexico Railway Safety Act Races Through First Committee

by Austin Fisher, Source New Mexico
February 4, 2025

A legislative panel on Tuesday gave the green light to a proposal to protect train workers, passengers and the communities built next to freight train routes, though it still has two more stops before it can go to a vote in the House of Representatives.

House Bill 146, sponsored by House Majority Whip Dayan Hochman-Vigil (D-Albuquerque),  would require railroads to use wayside detector systems to ensure trains run safely, and would prohibit them from retaliating against workers who report safety violations, said Clem Harris, a locomotive engineer and the expert on the bill.

Wayside detectors, which Harris called the “eyes of the railroad,” watch for overheating or failing wheel bearings, sticking brakes and dragging train equipment.

He said without regulation for the detectors, the railroads place them wherever they please. He argued more detectors need to be installed and placed closer together to catch problems before a catastrophic derailment.

Harris pointed to the Norfolk Southern derailment in February 2023 in East Palestine, Ohio, as an example of cataclysmic results from not using the technology.

“This fiery derailment occurred because the railroads simply wanted to keep moving,” Harris said. “I don’t want to see a similar disaster here in New Mexico.”

After less than an hour of debate, the House Labor, Veterans and Military Affairs Committee passed the legislation in a 9-1 vote Tuesday afternoon, with Rep. Luis Terrazas (R-Santa Clara) in opposition.

Railroad companies opposed to the bill argued it would divert safety resources and the reporting requirements would result in higher consumer costs. They said the bill’s requirement to place detectors every 10 miles has no basis in science.

“We’re not aware of any studies that say 10 miles apart is the magic number,” said Robert Romero, a lobbyist for BNSF Railway. “We’re waiting for direction from the Federal Railroad Administration on what would be the right number, but we believe that we use the correct distance, based on the train and based on the site.”

The bill’s next stop is the House Transportation and Public Works Committee, followed by the House Judiciary Committee.

Source New Mexico is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Source New Mexico maintains editorial independence. Contact Editor Julia Goldberg for questions: [email protected].

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Source New Mexico is an independent, nonprofit news organization that shines a light on governments, policies and public officials so you get the information you need to make choices — about yourself, your family, your neighborhoods and communities. Through a lens of public health and equity, we’ll bring you original news reporting along with analysis and opinion. We’re your source for unflinching coverage of COVID response and health care, access to education, tribal affairs, climate change and industrial regulation, police accountability, criminal legal reform, the impacts of immigration policies and more from across the region. Source NM is part of States Newsroom, a national 501(c)(3) nonprofit supported by grants and a coalition of donors and readers. Source NM retains full editorial independence.