Senate File 228 - Introduced





                                       SENATE FILE       
                                       BY  BEALL


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the construction and maintenance of walkways
  2    in rail yards and providing a penalty.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 2163XS 83
  5 dea/nh/5

PAG LIN



  1  1    Section 1.  NEW SECTION.  327F.1A  DEFINITIONS.
  1  2    As used in this chapter, unless the context otherwise
  1  3 requires:
  1  4    1.  "Department" means the department of transportation.
  1  5    2.  "Director" means the director of transportation.
  1  6    Sec. 2.  NEW SECTION.  327F.37  RAIL YARD WALKWAYS.
  1  7    1.  SCOPE.  This section applies to all walkways in rail
  1  8 yards in this state.  This section does not apply to tracks
  1  9 constructed in industry yards owned by an entity other than a
  1 10 rail carrier.
  1 11    2.  DEFINITIONS.  For purposes of this section, unless the
  1 12 context otherwise requires:
  1 13    a.  "Frequently" means at least five days per week, one
  1 14 shift per day.
  1 15    b.  "Good cause" includes but is not limited to a showing
  1 16 that compliance will impose an undue hardship on the rail
  1 17 carrier.
  1 18    3.  GENERAL REQUIREMENTS AND RECOMMENDATIONS.
  1 19    a.  (1)  Walkways may be surfaced with asphalt, concrete,
  1 20 planking, grating, native material, crushed material, or other
  1 21 similar material.  When crushed material is used, one hundred
  1 22 percent of the material must be capable of passing through a
  1 23 one and one=half inch square sieve opening, and not less than
  1 24 ninety percent of the material must be capable of passing
  1 25 through a one=inch square sieve opening; provided that a de
  1 26 minimus variation shall not be a violation of this section in
  1 27 an instance where the rail carrier has made a good faith
  1 28 effort to comply with the percentage requirements of this
  1 29 subparagraph.
  1 30    (2)  Crushed material smaller than that described in
  1 31 subparagraph (1) should be used whenever practicable,
  1 32 especially in places where drainage and durability issues do
  1 33 not exist.  Material that is three=fourths inch or smaller in
  1 34 size is recommended for switching lead tracks.
  1 35    b.  Walkways shall have a reasonably uniform surface and be
  2  1 maintained in a safe condition without compromising track
  2  2 drainage.
  2  3    c.  Cross slopes for walkways shall not exceed one inch of
  2  4 elevation for each eight inches of horizontal length in any
  2  5 direction.
  2  6    d.  Walkways shall be at least two feet wide.
  2  7    e.  Walkways shall be kept reasonably free of spilled fuel
  2  8 oil, sand, posts, vegetation, nonballast rocks, and other
  2  9 hazards or obstructions.
  2 10    4.  STANDARD.  A rail carrier shall provide walkways
  2 11 adjacent to those portions of yard tracks where rail carrier
  2 12 employees frequently work on the ground performing switching
  2 13 activities.
  2 14    5.  OTHER TRACKS.
  2 15    a.  If the department finds, after notice and hearing, that
  2 16 rail carrier employees who frequently work adjacent to a
  2 17 portion of track performing switching activities are exposed
  2 18 to safety hazards due to the lack of a walkway or due to the
  2 19 condition of a walkway constructed before July 1, 2009, the
  2 20 department may order a rail carrier to construct a walkway
  2 21 adjacent to a portion of track where employees perform
  2 22 switching activities or require a rail carrier to modify an
  2 23 existing walkway in conformance with subsection 4 within a
  2 24 reasonable period of time.
  2 25    b.  For purposes of this subsection, "frequently" means at
  2 26 least five days per week, one shift per day, or any other
  2 27 period the department deems frequent enough to warrant an
  2 28 order pursuant to this subsection.
  2 29    6.  COMPLIANCE.  A rail carrier is excused from complying
  2 30 with this section during maintenance activities and during any
  2 31 period of heavy rain or snow, derailment, rock and earth
  2 32 slides, washouts, or similar weather or seismic conditions,
  2 33 and for a reasonable period after such conditions to allow a
  2 34 return to compliance.
  2 35    7.  WAIVERS.  A rail carrier may petition the department
  3  1 for a waiver of any provision of this section for good cause
  3  2 shown.
  3  3    8.  ENFORCEMENT.  A formal complaint of an alleged
  3  4 violation of this section shall not be filed with the
  3  5 department until the filing party has attempted to address the
  3  6 allegations with the rail carrier.  A complaint of an alleged
  3  7 violation of this part shall contain a written statement that
  3  8 the filing party has made a reasonable, good faith attempt to
  3  9 address the alleged violation with the rail carrier.
  3 10    9.  PENALTIES.  A rail carrier who violates this section
  3 11 commits a "schedule one" violation.  Each day a violation
  3 12 exists shall be considered a separate violation.
  3 13    Sec. 3.  Section 327F.39, subsection 1, paragraphs a and b,
  3 14 Code 2009, are amended by striking the paragraphs.
  3 15                           EXPLANATION
  3 16    This bill establishes standards and requirements for the
  3 17 construction and maintenance of walkways in rail yards.  The
  3 18 provisions of the bill apply to all walkways in rail yards in
  3 19 this state, but do not apply to tracks in industry yards owned
  3 20 by an entity other than a rail carrier.
  3 21    The bill specifies that walkways may be surfaced with
  3 22 asphalt, concrete, planking, grating, native material, crushed
  3 23 material, or other similar material.  If crushed material is
  3 24 used, 100 percent of the material must be able to pass through
  3 25 a one and one=half inch sieve opening, and at least 90 percent
  3 26 of the material must be able to pass through a one=inch sieve
  3 27 opening, with allowance for a de minimus variation.  The bill
  3 28 contains general recommendations for the use of crushed
  3 29 material.  In addition, the bill requires that walkways be at
  3 30 least two feet wide, with cross slopes of not more than one
  3 31 inch of elevation for each eight inches of length in any
  3 32 direction.  Walkways must have a reasonably uniform surface,
  3 33 be maintained in safe condition without compromising track
  3 34 drainage, and be kept reasonably free of spilled fuel oil,
  3 35 sand, posts, vegetation, nonballast rocks, and other hazards
  4  1 and obstructions.
  4  2    The bill establishes a standard requirement for rail
  4  3 carriers to provide walkways adjacent to portions of yard
  4  4 tracks where rail carrier employees work on the ground
  4  5 performing switching activities at least five days per week,
  4  6 one shift per day.  However, following an administrative
  4  7 hearing, the department of transportation may order a rail
  4  8 carrier to construct a walkway or conform a preexisting
  4  9 walkway to the new standards along any portion of track where
  4 10 the lack of a walkway or condition of a walkway poses a safety
  4 11 hazard to employees performing switching activities for any
  4 12 period of time.
  4 13    The bill excuses a rail carrier from compliance with
  4 14 walkway requirements during maintenance activities and during
  4 15 periods of heavy rain or snow, derailment, rock and earth
  4 16 slides, washouts, or other weather or seismic conditions, and
  4 17 for a reasonable period following such an occurrence.
  4 18    The department of transportation may grant a waiver of any
  4 19 provision of the bill to a rail carrier upon a showing of good
  4 20 cause, including but not limited to a showing that compliance
  4 21 will impose an undue hardship on the rail carrier.
  4 22    A party who alleges a violation of the requirements of the
  4 23 bill may not file a formal complaint until the filing party
  4 24 has made a good faith attempt to address the alleged violation
  4 25 with the rail carrier.  A violation of the bill's provisions
  4 26 is a "schedule one" violation, punishable by a $100 fine for
  4 27 each day a violation exists.
  4 28    The bill makes technical changes to Code chapter 327F to
  4 29 codify definitions applicable to the bill and to the entire
  4 30 Code chapter.
  4 31 LSB 2163XS 83
  4 32 dea/nh/5