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