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PAG LIN 1 1 SENATE FILE 515 1 2 1 3 AN ACT 1 4 PROVIDING FOR THE CROSSING OF RAILROAD RIGHTS-OF-WAY BY PUBLIC 1 5 UTILITIES, AND PROVIDING APPLICABILITY DATES. 1 6 1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 8 1 9 Section 1. NEW SECTION. 476.27 PUBLIC UTILITY CROSSING 1 10 RAILROAD RIGHTS-OF-WAY. 1 11 1. DEFINITIONS. As used in this section, unless the 1 12 context otherwise requires: 1 13 a. "Board" means the Iowa utilities board. 1 14 b. "Crossing" means the construction, operation, repair, 1 15 or maintenance of a facility over, under, or across a railroad 1 16 right-of-way by a public utility. 1 17 c. "Direct expenses" includes, but is not limited to, any 1 18 or all of the following: 1 19 (1) The cost of inspecting and monitoring the crossing 1 20 site. 1 21 (2) Administrative and engineering costs for review of 1 22 specifications; for entering a crossing on the railroad's 1 23 books, maps, and property records; and other reasonable 1 24 administrative and engineering costs incurred as a result of 1 25 the crossing. 1 26 (3) Document and preparation fees associated with a 1 27 crossing, and any engineering specifications related to the 1 28 crossing. 1 29 (4) Damages assessed in connection with the rights granted 1 30 to a public utility with respect to a crossing. 1 31 d. "Facility" means any cable, conduit, wire, pipe, casing 1 32 pipe, supporting poles and guys, manhole, or other material 1 33 and equipment, that is used by a public utility to furnish any 1 34 of the following: 1 35 (1) Communications services. 2 1 (2) Electricity. 2 2 (3) Gas by piped system. 2 3 (4) Sanitary and storm sewer service. 2 4 (5) Water by piped system. 2 5 e. "Public utility" means a public utility as defined in 2 6 section 476.1, except that, for purposes of this section, 2 7 "public utility" also includes all mutual telephone companies, 2 8 municipally owned facilities, unincorporated villages, 2 9 waterworks, municipally owned waterworks, joint water 2 10 utilities, rural water districts incorporated under chapter 2 11 357A or 504A, cooperative water associations, franchise cable 2 12 television operators, and persons furnishing electricity to 2 13 five or fewer persons. 2 14 f. "Railroad" or "railroad corporation" means a railroad 2 15 corporation as defined in section 321.1, which is the owner, 2 16 operator, occupant, manager, or agent of a railroad right-of- 2 17 way or the railroad corporation's successor in interest. 2 18 "Railroad" and "railroad corporation" include an interurban 2 19 railway. 2 20 g. "Railroad right-of-way" means one or more of the 2 21 following: 2 22 (1) A right-of-way or other interest in real estate that 2 23 is owned or operated by a railroad corporation, the trustees 2 24 of a railroad corporation, or the successor in interest of a 2 25 railroad corporation. 2 26 (2) A right-of-way or other interest in real estate that 2 27 is occupied or managed by or on behalf of a railroad 2 28 corporation, the trustees of a railroad corporation, or the 2 29 successor in interest or a railroad corporation, including an 2 30 abandoned railroad right-of-way that has not otherwise 2 31 reverted pursuant to chapter 327G. 2 32 (3) Another interest in a former railroad right-of-way 2 33 that has been acquired or is operated by a land management 2 34 company or similar entity. 2 35 h. "Special circumstances" means either or both of the 3 1 following: 3 2 (1) The existence of characteristics of a segment of 3 3 railroad right-of-way or of a proposed utility facility that 3 4 increase the direct expenses associated with a proposed 3 5 crossing. 3 6 (2) A proposed crossing that involves a significant and 3 7 imminent likelihood of danger to the public health or safety, 3 8 or that is a serious threat to the safe operations of the 3 9 railroad, or to the current use of the railroad right-of-way, 3 10 necessitating additional terms and conditions associated with 3 11 the crossing. 3 12 2. RULEMAKING AND STANDARD CROSSING FEE. The board, in 3 13 consultation with the state department of transportation, 3 14 shall adopt rules pursuant to chapter 17A prescribing the 3 15 terms and conditions for a crossing. The rules shall provide 3 16 that any crossing be consistent with the public convenience 3 17 and necessity, and reasonable service to the public. The 3 18 rules, at a minimum, shall address the following: 3 19 a. The terms and conditions applicable to a crossing 3 20 including, but not limited to, the following: 3 21 (1) Notification required prior to the commencement of any 3 22 crossing activity. 3 23 (2) A requirement that the railroad and the public utility 3 24 each maintain and repair the person's own property within the 3 25 railroad right-of-way, and bear responsibility for each 3 26 person's own acts and omissions; except that the public 3 27 utility shall be responsible for any bodily injury or property 3 28 damage that typically would be covered under a standard 3 29 railroad protective liability insurance policy. 3 30 (3) The amount and scope of insurance or self-insurance 3 31 required to cover risks associated with a crossing. 3 32 (4) A procedure to address the payment of costs associated 3 33 with the relocation of public utility facilities within the 3 34 railroad right-of-way necessary to accommodate railroad 3 35 operations. 4 1 (5) Terms and conditions for securing the payment of any 4 2 damages by the public utility before it proceeds with a 4 3 crossing. 4 4 (6) Immediate access to a crossing for repair and 4 5 maintenance of existing facilities in case of emergency. 4 6 (7) Engineering standards for utility facilities crossing 4 7 railroad rights-of-way. 4 8 (8) Provision for expedited crossing, absent a claim of 4 9 special circumstances, after payment by the public utility of 4 10 the standard crossing fee, if applicable, and submission of 4 11 completed engineering specifications to the railroad. 4 12 (9) Other terms and conditions necessary to provide for 4 13 the safe and reasonable use of a railroad right-of-way by a 4 14 public utility, and consistent with rules adopted by the 4 15 board, including any complaint procedures adopted by the board 4 16 to enforce the rules. 4 17 b. Unless otherwise agreed by the parties and subject to 4 18 subsection 4, a public utility that locates its facilities 4 19 within the railroad right-of-way for a crossing, other than a 4 20 crossing along the public roads of the state pursuant to 4 21 chapter 477, shall pay the railroad a one-time standard 4 22 crossing fee of seven hundred fifty dollars for each crossing. 4 23 The standard crossing fee shall be in lieu of any license or 4 24 any other fees or charges to reimburse the railroad for the 4 25 direct expenses incurred by the railroad as a result of the 4 26 crossing. The public utility shall also reimburse the 4 27 railroad for any actual flagging expenses associated with a 4 28 crossing in addition to the standard crossing fee. 4 29 3. POWERS NOT LIMITED. a. Notwithstanding subsection 2, 4 30 rules adopted by the board shall not prevent a railroad and a 4 31 public utility from otherwise negotiating the terms and 4 32 conditions applicable to a crossing or the resolution of any 4 33 disputes relating to such crossing. 4 34 b. Notwithstanding paragraph "a", neither this subsection 4 35 nor this section shall impair the authority of a public 5 1 utility to secure crossing rights by easement pursuant to the 5 2 exercise of the power of eminent domain. 5 3 4. SPECIAL CIRCUMSTANCES. a. A railroad or public 5 4 utility that believes special circumstances exist for a 5 5 particular crossing may petition the board for relief. 5 6 (1) If a petition for relief is filed, the board shall 5 7 determine whether special circumstances exist that necessitate 5 8 either a modification of the direct expenses to be paid, or 5 9 the need for additional terms and conditions. 5 10 (2) The board may make any necessary findings of fact and 5 11 determinations related to the existence of special 5 12 circumstances, as well as any relief to be granted. 5 13 (3) A determination of the board, except for a 5 14 determination on the issue of damages for the rights granted 5 15 to a public utility with respect to a crossing, shall be 5 16 considered final agency action subject to judicial review 5 17 under chapter 17A. 5 18 (4) The board shall assess the costs associated with a 5 19 petition for relief equitably against the parties. 5 20 b. A railroad or public utility that claims to be 5 21 aggrieved by a determination of the board on the issue of 5 22 damages for the rights granted to a public utility with 5 23 respect to a crossing may seek judicial review as provided in 5 24 subsection 5. 5 25 5. APPEALS. a. A railroad or public utility that claims 5 26 to be aggrieved by the board's determination of damages for 5 27 rights granted to a public utility may appeal the board's 5 28 determination to the district court in the same manner as 5 29 provided in section 6B.18 and sections 6B.21 through 6B.23. 5 30 In any appeal of the determination of damages, the public 5 31 utility shall be considered the applicant, and the railroad 5 32 shall be considered the condemnee. References in sections 5 33 6B.18 and 6B.21 to "compensation commission" mean the board as 5 34 defined in this section, or appointees of the board. 5 35 b. An appeal of any determination of the board other than 6 1 the issues of damages for rights granted to a public utility 6 2 shall be pursuant to chapter 17A. 6 3 6. AUTHORITY TO CROSS EMERGENCY RELIEF. Pending board 6 4 resolution of a claim of special circumstances raised in a 6 5 petition, a public utility may, upon securing the payment of 6 6 any damages, and upon submission of completed engineering 6 7 specifications to the railroad, proceed with a crossing in 6 8 accordance with the rules adopted by the board, unless the 6 9 board, upon application for emergency relief, determines that 6 10 there is a reasonable likelihood that either of the following 6 11 conditions exist: 6 12 a. That the proposed crossing involves a significant and 6 13 imminent likelihood of danger to the public health or safety. 6 14 b. That the proposed crossing is a serious threat to the 6 15 safe operations of the railroad or to the current use of the 6 16 railroad right-of-way. 6 17 If the board determines that there is a reasonable 6 18 likelihood that the proposed crossing meets either condition, 6 19 then the board shall immediately intervene to prevent the 6 20 crossing until a factual determination is made. 6 21 7. CONFLICTING PROVISIONS. Notwithstanding any provision 6 22 of the Code to the contrary, this section shall apply in all 6 23 crossings of railroad rights-of-way involving a public utility 6 24 as defined in this section, and shall govern in the event of 6 25 any conflict with any other provision of law. 6 26 Sec. 2. APPLICABILITY. This Act applies to the following: 6 27 1. A crossing commenced prior to July 1, 2001, if an 6 28 agreement concerning the crossing has expired or is 6 29 terminated. 6 30 2. A crossing commenced on or after July 1, 2001. 6 31 6 32 6 33 6 34 MARY E. KRAMER 6 35 President of the Senate 7 1 7 2 7 3 7 4 BRENT SIEGRIST 7 5 Speaker of the House 7 6 7 7 I hereby certify that this bill originated in the Senate and 7 8 is known as Senate File 515, Seventy-ninth General Assembly. 7 9 7 10 7 11 7 12 MICHAEL E. MARSHALL 7 13 Secretary of the Senate 7 14 Approved , 2001 7 15 7 16 7 17 7 18 THOMAS J. VILSACK 7 19 Governor
Text: SF00514 Text: SF00516 Text: SF00500 - SF00599 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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