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Senate Study Bill 3029

Bill Text

PAG LIN
  1  1    Section 1.  NEW SECTION.  476.27  CROSSING -- RAILROAD
  1  2 RIGHT-OF-WAY.
  1  3    1.  DEFINITIONS.  As used in this section unless the
  1  4 context otherwise requires:
  1  5    a.  "Cross" or "crossing" means the construction,
  1  6 operation, repair, and maintenance of reasonably necessary
  1  7 facilities over, under, or across a railroad right-of-way by
  1  8 public utilities.
  1  9    b.  "Direct expenses" includes, but is not limited to, the
  1 10 following:
  1 11    (1)  The cost of inspecting the crossing site before,
  1 12 during, or after construction.
  1 13    (2)  Administrative costs including the costs of entering
  1 14 the new crossing on the railroad's books, maps, and property
  1 15 records.
  1 16    (3)  All document and preparation fees associated with the
  1 17 crossing.
  1 18    (4)  The cost of flagging related to crossing activities.
  1 19    (5)  Other reasonable costs incurred due to crossing
  1 20 activities.
  1 21    c.  "Railroad" means the owner, operator, occupant,
  1 22 manager, or agent of a railroad right-of-way or such person's
  1 23 successor in interest.
  1 24    d.  "Railroad right-of-way" means right-of-way or other
  1 25 interest in real estate that is owned or operated by a
  1 26 railroad corporation, including an interurban railway, its
  1 27 trustees, or successor in interest; or which is occupied or
  1 28 managed by or on behalf of such corporation, trustees, or
  1 29 successor in interest, including an abandoned railroad right-
  1 30 of-way which has not otherwise reverted pursuant to chapter
  1 31 327G; or other interest in a former railroad right-of-way that
  1 32 has been acquired or is operated by a land management company
  1 33 or similar entity.
  1 34    e.  "Special circumstances" means unique characteristics of
  1 35 a parcel of property which materially increase the direct
  2  1 expenses associated with a crossing, or situations in which a
  2  2 crossing involves a significant and imminent likelihood of
  2  3 danger to the public health or safety, or is a serious threat
  2  4 to the safe operations of the railroad or to the current use
  2  5 of railroad right-of-way necessitating additional terms and
  2  6 conditions associated with a crossing.  "Special
  2  7 circumstances" may include the parcel's relationship to other
  2  8 property, the existence of unique topography or natural
  2  9 resources, or other unusual characteristics or dangers
  2 10 inherent to the particular crossing.
  2 11    2.  APPLICABILITY.  Notwithstanding section 476.1 or any
  2 12 other provision of this chapter which exempts a public utility
  2 13 in whole or in part from regulation by the board, this section
  2 14 applies to a public utility as defined in section 476.1.  This
  2 15 section is applicable to both of the following:
  2 16    a.  A crossing existing on the effective date of this Act
  2 17 if an agreement concerning such crossing does not exist, has
  2 18 expired, or is terminated.
  2 19    b.  A crossing of a railroad right-of-way which crossing is
  2 20 first constructed or operated on or after the effective date
  2 21 of this Act.
  2 22    3.  RULEMAKING – CROSSING COMPENSATION.  The board shall
  2 23 adopt rules pursuant to chapter 17A prescribing the terms,
  2 24 conditions, and compensation for a crossing.  The rules shall
  2 25 provide for a public utility to cross a railroad right-of-way
  2 26 consistent with the public convenience and necessity, and the
  2 27 provision of reasonable service to the public.  However, the
  2 28 rules shall not prevent a railroad and a public utility from
  2 29 otherwise negotiating the terms and conditions covering a
  2 30 crossing.
  2 31    The rules shall address issues as the board deems
  2 32 necessary, including both of the following:
  2 33    a.  The terms and conditions under which a public utility
  2 34 may cross a railroad right-of-way.  Such terms and conditions
  2 35 shall include, but are not limited to, the following:
  3  1    (1)  A notice prior to the commencement of any crossing
  3  2 activity, as well as relocation and removal activities
  3  3 relating to public utility facilities located on railroad
  3  4 right-of-way.  The rules shall provide for immediate access to
  3  5 a crossing for repair and maintenance of existing public
  3  6 utility facilities in case of emergency, provided notice is
  3  7 given as soon as practical after such access occurs.
  3  8    (2)  A requirement that each party shall maintain and
  3  9 repair its property within the railroad right-of-way.
  3 10    (3)  A requirement that each party shall indemnify the
  3 11 other for damages resulting from the use of the railroad
  3 12 right-of-way and a determination of the amount and scope of
  3 13 insurance or self-insurance required to cover risks associated
  3 14 with a crossing.
  3 15    (4)  A procedure to address the payment of costs associated
  3 16 with the relocation of public utility facilities necessary to
  3 17 accommodate railroad operations.
  3 18    (5)  Other terms and conditions necessary to provide for
  3 19 the safe and reasonable use of a railroad right-of-way by a
  3 20 public utility and consistent with rules adopted by the board.
  3 21    b.  The development of a standard fee to cover the direct
  3 22 expenses of a railroad to be paid by a public utility seeking
  3 23 to cross a railroad right-of-way which is to be a one-time
  3 24 charge per crossing.
  3 25    4.  COMPENSATION UNDER SPECIAL CIRCUMSTANCES.  If a
  3 26 railroad or public utility believes that special circumstances
  3 27 exist for a particular crossing, either party may petition the
  3 28 board for relief.  If a petition is filed, the board shall
  3 29 determine whether special circumstances exist necessitating a
  3 30 modification of the compensation to be paid or the need for
  3 31 additional terms and conditions.  The board shall have the
  3 32 authority to make all necessary findings of fact and
  3 33 determinations related to the applicability of special
  3 34 circumstances and any relief to be granted, and its
  3 35 determination shall be considered final agency action under
  4  1 chapter 17A.  The board shall assess the costs of
  4  2 administration of the requested action equitably against the
  4  3 parties.  A railroad or public utility that claims to be
  4  4 aggrieved by such agency action may seek judicial review as
  4  5 provided in chapter 17A.
  4  6    5.  AUTHORITY TO CROSS – EMERGENCY RELIEF.  Pending board
  4  7 resolution of a claim of special circumstances raised in a
  4  8 petition, a public utility may proceed with the construction
  4  9 of a crossing in accordance with the rules adopted by the
  4 10 board, unless the board, upon application for emergency relief
  4 11 determines that the proposed construction involves a
  4 12 significant and imminent likelihood of danger to the public
  4 13 health or safety or is a serious threat to the safe operations
  4 14 of the railroad or to the current use of the railroad right-
  4 15 of-way, and necessitates immediate intervention to prevent
  4 16 such crossing until a factual determination is made.  
  4 17                           EXPLANATION
  4 18    This bill establishes a new Code section 476.27 relating to
  4 19 public utilities crossing railroad rights-of-way.  The bill
  4 20 requires that the utilities board adopt rules prescribing the
  4 21 terms, conditions, and compensation for a crossing.  The rules
  4 22 are to provide for a public utility to cross a railroad right-
  4 23 of-way consistent with the public convenience and necessity,
  4 24 and the provision of reasonable service to the public.  The
  4 25 bill sets forth the issues which the board's rules are to
  4 26 address including the terms and conditions under which a
  4 27 public utility may cross a railroad right-of-way, and the
  4 28 development of a standard fee to cover the direct expenses of
  4 29 a railroad to be paid by a public utility seeking to cross a
  4 30 railroad right-of-way which is to be a one-time charge per
  4 31 crossing.  The bill provides that the rules are not to prevent
  4 32 a railroad and a public utility from otherwise negotiating the
  4 33 terms and conditions covering a crossing.  The bill provides
  4 34 for an appeal process pursuant to Code chapter 17A if either
  4 35 the railroad or the public utility believes that special
  5  1 circumstances exist for a particular crossing.  The bill
  5  2 provides that the new Code section is applicable to existing
  5  3 and future crossings.  
  5  4 LSB 5896SC 78
  5  5 mj/cls/14
     

Text: SSB03028                          Text: SSB03030
Text: SSB03000 - SSB03099               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

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