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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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