HF 181 (LSB 1856YH (2) 87)

HOUSE FILE 181

BY  T. TAYLOR, HUNTER, KEARNS, MASCHER, STAED, STECKMAN, OURTH, LENSING, GASKILL, KACENA, BROWN-POWERS, OLSON, BEARINGER, and BENNETT

A BILL FOR

An Act relating to the construction and maintenance of walkways in rail yards, and providing a penalty.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  327F.37  Rail yard walkways —— penalty.
   1.  Scope.  This section applies to all railroad tracks and walkways in rail yards in this state. This section does not apply to tracks or walkways constructed in an industry yard owned by an entity other than a railroad corporation.
   2.  Definitions.  As used in this section, unless the context otherwise requires:
   a.  “Department” means the department of transportation.
   b.  “Frequently” means at least one shift per day for five days per week, or any other period the department deems frequent enough to warrant an order pursuant to subsection 5.
   c.  “Good cause” includes but is not limited to a showing that compliance with this section will impose an undue hardship on the railroad corporation.
   3.  Standard.  A railroad corporation shall provide walkways adjacent to those portions of rail yard tracks where railroad employees frequently perform switching activities. 
   4.  General requirements and recommendations.
   a.  (1)  Walkways may be surfaced with asphalt, concrete, planking, grating, native material, crushed material, or other similar material. Where crushed material is used, one hundred percent of the material shall be capable of passing through a one and one-half inch square sieve opening, and not less than ninety percent of the material shall be capable of passing through a one-inch square sieve opening. A de minimus variation from these requirements shall not be a violation of this section in instances where the railroad corporation has made a good-faith effort to comply with the percentage requirements of this subparagraph.
   (2)  Crushed material smaller than that described in subparagraph (1) shall be used whenever practicable, especially in places where drainage and durability issues do not exist. Material capable of passing through a three-fourths inch square sieve opening or smaller is recommended for switching lead tracks.
   b.  Walkways shall have a reasonably uniform surface and be maintained in a safe condition without compromising track drainage.
   c.  Cross slopes for walkways shall not exceed one inch of elevation for each eight inches of horizontal length in any direction.
   d.  Walkways shall be at least two feet wide.
   e.  Walkways shall be kept reasonably free of spilled fuel oil, sand, posts, vegetation, nonballast rocks, and other hazards or obstructions.
   5.  Other tracks.  If the department finds, after notice and hearing, that railroad employees who frequently perform switching activities adjacent to a portion of track are exposed to safety hazards due to the lack of a walkway or due to the condition of a walkway constructed before July 1, 2016, the department may do one of the following:
   a.  Order a railroad corporation to construct a walkway adjacent to a portion of track where railroad employees frequently perform switching activities.
   b.  Require a railroad corporation to modify an existing walkway to conform with subsections 3 and 4 within a reasonable period of time.
   6.  Compliance.  A railroad corporation is excused from complying with this section under the following circumstances:
   a.  During maintenance activities.
   b.  In the event of a derailment.
   c.  During periods of heavy rain, snow, or similar weather conditions, and for a reasonable time after such conditions subside to allow a return to compliance. 
   d.  In the event of a rock slide, earth slide, washout, or similar seismic conditions, and for a reasonable time after such conditions subside to allow a return to compliance.
   7.  Waiver.  A railroad corporation may petition the department for a waiver of any provision of this section. The department may grant a waiver of any provision of this section where the railroad corporation shows good cause.
   8.  Enforcement.
   a.  A person alleging a violation of this section shall attempt to address the allegation with the railroad corporation by making a written complaint to the railroad corporation. No later than thirty days after receiving the written complaint, the railroad corporation shall respond in writing to the person alleging the violation, describing what action, if any, the railroad corporation intends to take to correct the alleged violation. If the railroad corporation does not respond in writing to the person alleging the violation within thirty days of receiving the complaint, or does not correct the alleged violation within ninety days of receiving the complaint, the person may file a formal complaint with the department.
   b.  A formal complaint to the department shall contain a copy of the written complaint made to the railroad corporation under paragraph “a”, and a copy of the railroad corporation’s written response, if any. No later than ten days after receiving the formal complaint, the department shall send written notification to the railroad corporation informing it of the complaint and its duties under this paragraph. No later than thirty days after receiving written notification, the railroad corporation shall either correct the alleged violation or contest the complaint. If the railroad corporation contests the complaint, the department shall inspect the area of the alleged violation. Upon inspection, if the department finds that a violation exists, the department shall issue an order requiring the railroad corporation to correct the violation within thirty days of receipt of the order. Upon inspection, if the department finds that a violation does not exist, the department shall deny the complaint and send written notification to the parties informing them of the denial. 
   c.  A party to the complaint may appeal the department’s decision by filing an appeal with the department of inspections and appeals within ten days of being notified of the department’s decision. The department of inspections and appeals shall render a decision on the appeal and notify the parties of the decision in writing no more than fifteen days after the appeal was filed. Judicial review of the decision of the department of inspections and appeals may be sought in accordance with chapter 17A.
   9.  Penalty.  A railroad corporation who violates this section commits a “schedule one” violation punishable under section 327C.5. Each day a violation exists shall be considered a separate violation.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill establishes standards and requirements for the construction and maintenance of walkways in rail yards. The provisions of the bill apply to all tracks and walkways in rail yards in this state, but do not apply to tracks or walkways in an industry yard owned by an entity other than a railroad corporation.
   The bill establishes a standard requirement for railroad corporations to provide walkways adjacent to portions of rail yard tracks where railroad employees perform switching activities at least one shift per day for five days per week. 
   The bill provides recommendations and requirements for the type of material used for the walkways. In addition, the bill requires that walkways be at least two feet wide, with cross slopes of not more than one inch of elevation for each eight inches of length in any direction. Walkways must have a reasonably uniform surface, be maintained in safe condition without compromising track drainage, and be kept reasonably free of spilled fuel oil, sand, posts, vegetation, nonballast rocks, and other hazards and obstructions.
   Following an administrative hearing, the department of transportation may order a railroad corporation to construct a walkway or alter a preexisting walkway to conform with the new requirements where the lack of a walkway or the condition of a walkway poses a safety hazard to railroad employees.
   The bill excuses a railroad corporation from compliance with walkway requirements during maintenance activities, in the event of a derailment, during certain weather conditions, in certain seismic conditions, and for a reasonable time after such weather or seismic conditions subside to allow a return to compliance.
   The department of transportation may grant a waiver of any provision of the bill to a railroad corporation upon a showing of good cause, including but not limited to a showing that compliance with the bill will impose an undue hardship on the railroad corporation.
   A person who alleges a violation of the requirements of the bill must address the allegation with the railroad corporation by making a written complaint. If the railroad corporation does not respond to the complaint within 30 days, or does not resolve the alleged violation within 90 days, the person may file a formal complaint with the department of transportation. The department shall notify the railroad corporation of the complaint, and the railroad corporation has 30 days in which to respond, either by correcting the alleged violation or by contesting the complaint. If the railroad corporation contests the complaint, the department is required to inspect the area of the alleged violation. Upon a finding that a violation exists, the department must order the railroad corporation to correct the violation within 30 days of receipt of the order. If, following the inspection, the department finds that no violation exists, it must notify the parties to the complaint that the complaint is denied. 
   A party to the complaint may appeal the department’s decision by filing an appeal with the department of inspections and appeals and judicial review of the decision of the department of inspections and appeals may be sought according to the Iowa administrative procedure Act. 
   A violation of the bill’s provisions is a “schedule one” violation, punishable by a $100 fine for each day a violation exists.