H.F. 273 Section 1. NEW SECTION . 327F.1A Definitions. 1 As used in this chapter, unless the context otherwise 2 requires: 3 1. “Department” means the department of transportation. 4 2. “Director” means the director of transportation. 5 Sec. 2. NEW SECTION . 327F.37 Rail yard walkways. 6 1. Scope. This section applies to all walkways in rail 7 yards in this state. This section does not apply to tracks 8 constructed in industry yards owned by an entity other than a 9 rail carrier. 10 2. Definitions. For purposes of this section, unless the 11 context otherwise requires: 12 a. “Frequently” means at least five days per week, one shift 13 per day. 14 b. “Good cause” includes but is not limited to a showing 15 that compliance will impose an undue hardship on the rail 16 carrier. 17 3. General requirements and recommendations. 18 a. (1) Walkways may be surfaced with asphalt, concrete, 19 planking, grating, native material, crushed material, or other 20 similar material. When crushed material is used, one hundred 21 percent of the material must be capable of passing through 22 a one and one-half inch square sieve opening, and not less 23 than ninety percent of the material must be capable of passing 24 through a one-inch square sieve opening; provided that a de 25 minimus variation shall not be a violation of this section 26 in an instance where the rail carrier has made a good faith 27 effort to comply with the percentage requirements of this 28 subparagraph. 29 (2) Crushed material smaller than that described in 30 subparagraph (1) should be used whenever practicable, 31 especially in places where drainage and durability issues do 32 not exist. Material that is three-fourths inch or smaller in 33 size is recommended for switching lead tracks. 34 b. Walkways shall have a reasonably uniform surface and 35 -1- LSB 2009YH (2) 85 dea/nh 1/ 6

H.F. 273 be maintained in a safe condition without compromising track 1 drainage. 2 c. Cross slopes for walkways shall not exceed one inch of 3 elevation for each eight inches of horizontal length in any 4 direction. 5 d. Walkways shall be at least two feet wide. 6 e. Walkways shall be kept reasonably free of spilled fuel 7 oil, sand, posts, vegetation, nonballast rocks, and other 8 hazards or obstructions. 9 4. Standard. A rail carrier shall provide walkways adjacent 10 to those portions of yard tracks where rail carrier employees 11 frequently work on the ground performing switching activities. 12 5. Other tracks. 13 a. If the department finds, after notice and hearing, 14 that rail carrier employees who frequently work adjacent 15 to a portion of track performing switching activities are 16 exposed to safety hazards due to the lack of a walkway or 17 due to the condition of a walkway constructed before July 1, 18 2009, the department may order a rail carrier to construct a 19 walkway adjacent to a portion of track where employees perform 20 switching activities or require a rail carrier to modify an 21 existing walkway in conformance with subsection 4 within a 22 reasonable period of time. 23 b. For purposes of this subsection, “frequently” means 24 at least five days per week, one shift per day, or any other 25 period the department deems frequent enough to warrant an order 26 pursuant to this subsection. 27 6. Compliance. A rail carrier is excused from complying 28 with this section during maintenance activities and during 29 any period of heavy rain or snow, derailment, rock and earth 30 slides, washouts, or similar weather or seismic conditions, and 31 for a reasonable period after such conditions to allow a return 32 to compliance. 33 7. Waivers. A rail carrier may petition the department for 34 a waiver of any provision of this section for good cause shown. 35 -2- LSB 2009YH (2) 85 dea/nh 2/ 6

H.F. 273 8. Enforcement. 1 a. A person alleging a violation of this section shall 2 first attempt to address the allegation with the rail carrier 3 by making a written complaint to the rail carrier. No later 4 than thirty days after receiving the written complaint, the 5 rail carrier shall respond in writing to the person alleging 6 the violation, describing what action, if any, the rail carrier 7 intends to take to correct the alleged violation. If the rail 8 carrier does not respond in writing to the person alleging the 9 violation within thirty days of receiving the complaint, or 10 does not correct the alleged violation within ninety days of 11 receiving the complaint, the person may file a formal complaint 12 with the department. 13 b. A formal complaint to the department shall contain a 14 copy of the written complaint that was addressed to the rail 15 carrier under paragraph “a” , along with the rail carrier’s 16 written response, if any. No later than ten days after 17 receiving the formal complaint of an alleged violation, the 18 department shall notify the rail carrier in writing of the 19 complaint and that the rail carrier has thirty days in which 20 to correct the alleged violation or contest the complaint. If 21 the rail carrier contests the complaint, the department shall 22 inspect the area of the alleged violation. If the department 23 finds upon inspection that a violation exists, the department 24 shall issue an order requiring the rail carrier to correct 25 the violation within thirty days of receipt of the order. If 26 the department finds upon inspection that a violation does 27 not exist, the department shall notify the person who filed 28 the complaint, in writing, that the complaint is denied. The 29 rail carrier or the person who filed the complaint may appeal 30 the department’s order or decision by filing an appeal with 31 the department of inspections and appeals within ten days of 32 being notified of the department’s order or decision. The 33 department of inspections and appeals shall render a decision 34 on the appeal and notify the rail carrier or person filing the 35 -3- LSB 2009YH (2) 85 dea/nh 3/ 6

H.F. 273 appeal in writing within fifteen days of the filing of the 1 appeal. Judicial review of the decision of the department 2 of inspections and appeals may be sought in accordance with 3 chapter 17A. 4 9. Penalties. A rail carrier who violates this section 5 commits a “schedule one” violation. Each day a violation 6 exists shall be considered a separate violation. 7 Sec. 3. Section 327F.39, subsection 1, paragraphs a and b, 8 Code 2011, are amended by striking the paragraphs. 9 EXPLANATION 10 This bill establishes standards and requirements for the 11 construction and maintenance of walkways in rail yards. The 12 provisions of the bill apply to all walkways in rail yards in 13 this state, but do not apply to tracks in industry yards owned 14 by an entity other than a rail carrier. 15 The bill specifies that walkways may be surfaced with 16 asphalt, concrete, planking, grating, native material, crushed 17 material, or other similar material. If crushed material is 18 used, 100 percent of the material must be able to pass through 19 a one and one-half inch sieve opening, and at least 90 percent 20 of the material must be able to pass through a one-inch sieve 21 opening, with allowance for a de minimus variation. The 22 bill contains general recommendations for the use of crushed 23 material. In addition, the bill requires that walkways be 24 at least two feet wide, with cross slopes of not more than 25 one inch of elevation for each eight inches of length in any 26 direction. Walkways must have a reasonably uniform surface, 27 be maintained in safe condition without compromising track 28 drainage, and be kept reasonably free of spilled fuel oil, 29 sand, posts, vegetation, nonballast rocks, and other hazards 30 and obstructions. 31 The bill establishes a standard requirement for rail 32 carriers to provide walkways adjacent to portions of yard 33 tracks where rail carrier employees work on the ground 34 performing switching activities at least five days per week, 35 -4- LSB 2009YH (2) 85 dea/nh 4/ 6

H.F. 273 one shift per day. However, following an administrative 1 hearing, the department of transportation may order a rail 2 carrier to construct a walkway or conform a preexisting walkway 3 to the new standards along any portion of track where the lack 4 of a walkway or condition of a walkway poses a safety hazard 5 to employees performing switching activities for any period of 6 time. 7 The bill excuses a rail carrier from compliance with walkway 8 requirements during maintenance activities and during periods 9 of heavy rain or snow, derailment, rock and earth slides, 10 washouts, or other weather or seismic conditions, and for a 11 reasonable period following such an occurrence. 12 The department of transportation may grant a waiver of any 13 provision of the bill to a rail carrier upon a showing of good 14 cause, including but not limited to a showing that compliance 15 will impose an undue hardship on the rail carrier. 16 A person who alleges a violation of the requirements of the 17 bill must first address the allegation with the rail carrier 18 by making a written complaint. The rail carrier is required 19 to respond to the complaint within 30 days, describing what 20 action, if any, the rail carrier will take to resolve the 21 alleged violation. If the rail carrier does not respond 22 within 30 days, or does not resolve the alleged violation 23 within 90 days, the person may file a formal complaint with 24 the department of transportation. Within 10 days of receiving 25 the formal complaint, the department shall notify the rail 26 carrier of the complaint, and the rail carrier has 30 days in 27 which to respond, either by correcting the alleged violation 28 or by contesting the complaint. If the rail carrier contests 29 the complaint, the department is required to inspect the area 30 of the alleged violation and, upon a finding that a violation 31 exists, order the rail carrier to correct the violation within 32 30 days of receipt of the order. If, following the inspection, 33 the department finds that no violation exists, it must notify 34 the person who filed the complaint that the complaint is 35 -5- LSB 2009YH (2) 85 dea/nh 5/ 6

H.F. 273 denied. The rail carrier or the person who filed the complaint 1 may appeal the department’s decision by filing an appeal with 2 the department of inspections and appeals within 10 days. The 3 department of inspections and appeals has 15 days in which 4 to render a decision on the appeal. Judicial review of an 5 adverse decision of the department of inspections and appeals 6 may be sought according to the Iowa administrative procedure 7 Act. A violation of the bill’s provisions is a “schedule one” 8 violation, punishable by a $100 fine for each day a violation 9 exists. 10 The bill makes technical changes to Code chapter 327F to 11 codify definitions applicable to the bill and to the entire 12 Code chapter. 13 -6- LSB 2009YH (2) 85 dea/nh 6/ 6