5. a. Within one year following the enactment of P.L.2025, c.300 (C.27:24A-1 et seq.), the department shall establish a wayside detector system program in which the department shall work with each railroad company that operates a dangerous hazardous train in the State to:
(1) determine the appropriate type of wayside detector system for a section of track under the control or ownership of the railroad company or along railroad tracks on which the railroad company operates and ensure that wayside detector systems are installed by the railroad company; and
(2) ensure that each wayside detector system installed pursuant to this section shall consider all relevant factors, including, but not limited to: the natural terrain surrounding the railroad track on which the railroad company operates; the safety of the trains; rolling stock; on-track equipment; operators and passengers; the clarity and accuracy of radio communications; the length of the train; the frequency of the trains; and persons and property in the vicinity of the railroad track so that if defects are detected, operators have sufficient time to:
(a) respond to the alerts projected by the wayside detector system;
(b) stop the train, rolling stock, or on-track equipment, if necessary; and
(c) make all necessary repairs or, if repair is impossible at the location, to remove the component parts or equipment that are defective.
b. The department shall determine the standards and requirements for the inspection, maintenance, repair, and replacement of wayside detector systems installed pursuant to this section.
c. The department may require each railroad company that operates a dangerous hazardous train in the State to participate in the wayside detector system program.
d. Each railroad company required by the department to participate in the program shall submit to the department in the time, form, and manner prescribed by the department, the written standards and training for the railroad company’s employees pertaining to wayside detector systems, which written standards shall include, but not be limited to: defect alerts and the course of action that employees are required to take to respond to an alert, appropriate monitoring and responses by the railroad company if employees fail to take the required course of action, and any other requirements imposed by the department.
e. (1) The railroad company participating in the program shall:
(a) inspect, maintain, and repair the wayside detector systems in a manner consistent with the standards set by the department pursuant to subsection b. of this section;
(b) ensure that each wayside detector system installed by the railroad company is operational and complies with the latest guidelines issued by the United States Department of Transportation, the Federal Railroad Administration, and the Association of American Railroads;
(c) ensure that any expired, non-working, or outdated wayside detector systems or component parts of a system are removed and replaced with new parts or entirely new systems that reflect the current best practices and standards of the industry; and
(d) submit a written report to the department, in the time, form, and manner prescribed by the department and in accordance with any applicable requirements of the program.
(2) When more than one railroad company or entity share responsibility for the inspection, maintenance, repair, and replacement of wayside detector systems installed pursuant to this section, the department shall provide written notice to each railroad company or entity, as applicable, which notice shall indicate the railroad company or entity that shall be responsible for the submission of the written report required under subparagraph (d) of paragraph (1) of this subsection for the wayside detector system.
f. If a railroad company unreasonably refuses to work or otherwise cooperate with the department in good faith in accordance with this section, the department shall investigate the railroad company’s safety practices and standards. The department shall determine whether the railroad company appears to comply with federal railroad safety standards, as defined in 49 C.F.R. Part 209.
g. If the department determines that a railroad company does not appear to comply with the applicable federal standards pursuant to subsection f. of this section, the department shall:
(1) make a report to the Federal Railroad Administration within 60 days of making the determination pursuant to subsection f. of this section. The report shall detail the results of the investigation and recommend that the Federal Railroad Administration take enforcement action against the railroad company, in accordance with the Federal Railroad Administration’s authority, for the safety violations discovered through the investigation; and
(2) send a copy of the report to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature.
h. The department shall develop and administer a funding assistance program for railroad companies operating within the State to support compliance with the installation and maintenance requirements set forth in subsection a. of this section. At a minimum, the funding assistance program shall:
(1) prioritize assistance based on a risk assessment that considers:
(a) the volume and frequency of dangerous hazardous train traffic on a given route;
(b) the railroad’s proximity to densely populated communities or environmentally sensitive areas, as determined by the department, in consultation with the New Jersey Department of Environmental Protection;
(c) the railroad’s accident or derailment history;
(d) existing gaps in detection coverage;
(e) the financial capacity of the railroad company; and
(f) whether the railroad is classified as a short line;
(2) provide grants, reimbursements, or technical assistance to cover eligible costs related to the acquisition, installation, modernization, and maintenance of wayside detector systems;
(3) establish clear application procedures, deadlines, and documentation requirements;
(4) require that the funding assistance program recipients submit annual reports to the department detailing expenditures, system performance, and maintenance activities; and
(5) be subject to audit by the State Auditor or other appropriate oversight body to ensure compliance and fiscal integrity.