SENATE FILE 355

BY  DANIELSON, McCOY, and BEALL

A BILL FOR

An Act relating to the construction and maintenance of walkways in rail yards and providing a penalty.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  NEW SECTION.  327F.1A  Definitions.
   As used in this chapter, unless the context otherwise requires:
   1.  “Department” means the department of transportation.
   2.  “Director” means the director of transportation.
   Sec. 2.  NEW SECTION.  327F.37  Rail yard walkways.
   1.  Scope.  This section applies to all walkways in rail yards in this state. This section does not apply to tracks constructed in industry yards owned by an entity other than a rail carrier.
   2.  Definitions.  For purposes of this section, unless the context otherwise requires:
   a.  “Frequently” means at least five days per week, one shift per day.
   b.  “Good cause” includes but is not limited to a showing that compliance will impose an undue hardship on the rail carrier.
   3.  General requirements and recommendations.
   a.
  (1)  Walkways may be surfaced with asphalt, concrete, planking, grating, native material, crushed material, or other similar material. When crushed material is used, one hundred percent of the material must be capable of passing through a one and one-half inch square sieve opening, and not less than ninety percent of the material must be capable of passing through a one-inch square sieve opening; provided that a de minimus variation shall not be a violation of this section in an instance where the rail carrier has made a good faith effort to comply with the percentage requirements of this subparagraph.
   (2)  Crushed material smaller than that described in subparagraph (1) should be used whenever practicable, especially in places where drainage and durability issues do not exist. Material that is three-fourths inch or smaller in size is recommended for switching lead tracks.
   b.  Walkways shall have a reasonably uniform surface and be maintained in a safe condition without compromising track drainage.
   c.  Cross slopes for walkways shall not exceed one inch of elevation for each eight inches of horizontal length in any direction.
   d.  Walkways shall be at least two feet wide.
   e.  Walkways shall be kept reasonably free of spilled fuel oil, sand, posts, vegetation, nonballast rocks, and other hazards or obstructions.
   4.  Standard.  A rail carrier shall provide walkways adjacent to those portions of yard tracks where rail carrier employees frequently work on the ground performing switching activities.
   5.  Other tracks.  
   a.  If the department finds, after notice and hearing, that rail carrier employees who frequently work adjacent to a portion of track performing switching activities are exposed to safety hazards due to the lack of a walkway or due to the condition of a walkway constructed before July 1, 2009, the department may order a rail carrier to construct a walkway adjacent to a portion of track where employees perform switching activities or require a rail carrier to modify an existing walkway in conformance with subsection 4 within a reasonable period of time.
   b.  For purposes of this subsection,“frequently” means at least five days per week, one shift per day, or any other period the department deems frequent enough to warrant an order pursuant to this subsection.
   6.  Compliance.  A rail carrier is excused from complying with this section during maintenance activities and during any period of heavy rain or snow, derailment, rock and earth slides, washouts, or similar weather or seismic conditions, and for a reasonable period after such conditions to allow a return to compliance.
   7.  Waivers.  A rail carrier may petition the department for a waiver of any provision of this section for good cause shown.
   8.  Enforcement.  A formal complaint of an alleged violation of this section shall not be filed with the department until the filing party has attempted to address the allegations with the rail carrier. A complaint of an alleged violation of this part shall contain a written statement that the filing party has made a reasonable, good faith attempt to address the alleged violation with the rail carrier.
   9.  Penalties.  A rail carrier who violates this section commits a “schedule one” violation. Each day a violation exists shall be considered a separate violation.
   Sec. 3.  Section 327F.39, subsection 1, paragraphs a and b, Code 2011, are amended by striking the paragraphs.
EXPLANATION
   This bill establishes standards and requirements for the construction and maintenance of walkways in rail yards. The provisions of the bill apply to all walkways in rail yards in this state, but do not apply to tracks in industry yards owned by an entity other than a rail carrier.
   The bill specifies that walkways may be surfaced with asphalt, concrete, planking, grating, native material, crushed material, or other similar material. If crushed material is used, 100 percent of the material must be able to pass through a one and one-half inch sieve opening, and at least 90 percent of the material must be able to pass through a one-inch sieve opening, with allowance for a de minimus variation. The bill contains general recommendations for the use of crushed material. In addition, the bill requires that walkways be at least two feet wide, with cross slopes of not more than one inch of elevation for each eight inches of length in any direction. Walkways must have a reasonably uniform surface, be maintained in safe condition without compromising track drainage, and be kept reasonably free of spilled fuel oil, sand, posts, vegetation, nonballast rocks, and other hazards and obstructions.
   The bill establishes a standard requirement for rail carriers to provide walkways adjacent to portions of yard tracks where rail carrier employees work on the ground performing switching activities at least five days per week, one shift per day. However, following an administrative hearing, the department of transportation may order a rail carrier to construct a walkway or conform a preexisting walkway to the new standards along any portion of track where the lack of a walkway or condition of a walkway poses a safety hazard to employees performing switching activities for any period of time.
   The bill excuses a rail carrier from compliance with walkway requirements during maintenance activities and during periods of heavy rain or snow, derailment, rock and earth slides, washouts, or other weather or seismic conditions, and for a reasonable period following such an occurrence.
   The department of transportation may grant a waiver of any provision of the bill to a rail carrier upon a showing of good cause, including but not limited to a showing that compliance will impose an undue hardship on the rail carrier.
   A party who alleges a violation of the requirements of the bill may not file a formal complaint until the filing party has made a good faith attempt to address the alleged violation with the rail carrier. A violation of the bill’s provisions is a “schedule one” violation, punishable by a $100 fine for each day a violation exists.
   The bill makes technical changes to Code chapter 327F to codify definitions applicable to the bill and to the entire Code chapter.