Amends TCA Title 4; Title 7; Title 20; Title 29; Title 39; Title 54; Title 64; Title 65 and Title 67.

Under present law, the department of transportation must report to the transportation committee of the house of representatives and the transportation and safety committee of the senate on the data collected on the federal railroad administration website for the public and law enforcement agencies to report blocked highway-rail grade crossings, by November 1 of each year between 2022-2026. From the date on the website, the department's report must identify the areas in this state impacted by the blocked crossings. The department must send a copy of each report to the five municipalities with the highest number of areas impacted by blocked crossings. This bill allows the legislative body of a municipality receiving a report from the department to request the department provide assistance in applying for federal funds for the purpose of funding projects to address the impacts of blocked crossings within the municipality's jurisdiction. This bill requires the department to provide assistance drafting grant proposals, gathering the necessary documentation, providing legal and accounting services, and submitting the proposal on behalf of the municipality at no cost. This bill authorizes a municipality receiving a report referenced above to enact an ordinance that requests the commissioner of transportation to designate the portion of any municipal road blocked, as evidenced in the report, as part of the general highway plan of this state. Within one month of receiving a copy of the ordinance, the commissioner must investigate the portions of municipal roads described in the ordinance and notify those railroad companies operating on tracks at the designated crossings on those roads. If three years after receiving a copy of the ordinance, the requesting municipality receives a subsequent report, then the commissioner must accept the municipality's request by finding that those portions of municipal roads should be included in the general highway plan of the state and order the elimination of grade crossings on those roads. If the municipality does not receive a subsequent report then the commissioner must reject the municipality's request. This bill requires each railroad company owning or operating the track or tracks at a grade crossing to bear 80 percent of the total cost of the elimination of the grade crossing. The remaining 20 percent of the total cost must come out of public funds as part of the cost of the highway of which the crossing is a part. This bill creates a rebuttable presumption in an action brought against an operator or railroad for wrongful death or injuries from a stationary train blocking a crossing that the operator or railroad acted negligently with regard to the blocked crossing if the operator or railroad: (1) Was notified by law enforcement of the urgent need for an emergency vehicle to use the crossing to provide emergency medical services; and (2) The operator refused to move the train pursuant to the railroad's policies or procedures. This bill provides that an operator of a stationary train blocking a crossing commits criminally negligent conduct if the operator was notified by law enforcement of the urgent need for an emergency vehicle to use the crossing to provide emergency medical services and the operator refused to move the train. It will be an affirmative defense to prosecution of an operator, which must be proven by a preponderance of the evidence, that: (1) The train tracks were blocked such that the train could not be safely moved in either direction; (2) The operator could not move the train without causing harm to another individual; or (3) There existed mechanical issues with the train preventing the operator from being able to move the train.