House File 2240 - Introduced HOUSE FILE 2240 BY T. TAYLOR , THEDE , KEARNS , BEARINGER , ISENHART , McCONKEY , HUNTER , JACOBY , STAED , MASCHER , SMITH , OURTH , HEDDENS , GASKILL , ABDUL-SAMAD , BENNETT , LENSING , STUTSMAN , WESSEL-KROESCHELL , FINKENAUER , H. MILLER , OLSON , HANSON , WOLFE , ANDERSON , GAINES , KRESSIG , BROWN-POWERS , KELLEY , HALL , and DAWSON A BILL FOR An Act relating to the construction and maintenance of walkways 1 in rail yards, and providing a penalty. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5596HH (3) 86 ns/nh

H.F. 2240 Section 1. NEW SECTION . 327F.37 Rail yard walkways —— 1 penalty. 2 1. Scope. This section applies to all railroad tracks and 3 walkways in rail yards in this state. This section does not 4 apply to tracks or walkways constructed in an industry yard 5 owned by an entity other than a railroad corporation. 6 2. Definitions. As used in this section, unless the context 7 otherwise requires: 8 a. “Department” means the department of transportation. 9 b. “Frequently” means at least one shift per day for 10 five days per week, or any other period the department deems 11 frequent enough to warrant an order pursuant to subsection 5. 12 c. “Good cause” includes but is not limited to a showing 13 that compliance with this section will impose an undue hardship 14 on the railroad corporation. 15 3. Standard. A railroad corporation shall provide walkways 16 adjacent to those portions of rail yard tracks where railroad 17 employees frequently perform switching activities. 18 4. General requirements and recommendations. 19 a. (1) Walkways may be surfaced with asphalt, concrete, 20 planking, grating, native material, crushed material, or 21 other similar material. Where crushed material is used, one 22 hundred percent of the material shall be capable of passing 23 through a one and one-half inch square sieve opening, and not 24 less than ninety percent of the material shall be capable of 25 passing through a one-inch square sieve opening. A de minimus 26 variation from these requirements shall not be a violation 27 of this section in instances where the railroad corporation 28 has made a good-faith effort to comply with the percentage 29 requirements of this subparagraph. 30 (2) Crushed material smaller than that described in 31 subparagraph (1) shall be used whenever practicable, especially 32 in places where drainage and durability issues do not exist. 33 Material capable of passing through a three-fourths inch square 34 sieve opening or smaller is recommended for switching lead 35 -1- LSB 5596HH (3) 86 ns/nh 1/ 6

H.F. 2240 tracks. 1 b. Walkways shall have a reasonably uniform surface and 2 be maintained in a safe condition without compromising track 3 drainage. 4 c. Cross slopes for walkways shall not exceed one inch of 5 elevation for each eight inches of horizontal length in any 6 direction. 7 d. Walkways shall be at least two feet wide. 8 e. Walkways shall be kept reasonably free of spilled fuel 9 oil, sand, posts, vegetation, nonballast rocks, and other 10 hazards or obstructions. 11 5. Other tracks. If the department finds, after notice 12 and hearing, that railroad employees who frequently perform 13 switching activities adjacent to a portion of track are exposed 14 to safety hazards due to the lack of a walkway or due to the 15 condition of a walkway constructed before July 1, 2015, the 16 department may do one of the following: 17 a. Order a railroad corporation to construct a walkway 18 adjacent to a portion of track where railroad employees 19 frequently perform switching activities. 20 b. Require a railroad corporation to modify an existing 21 walkway to conform with subsections 3 and 4 within a reasonable 22 period of time. 23 6. Compliance. A railroad corporation is excused from 24 complying with this section under the following circumstances: 25 a. During maintenance activities. 26 b. In the event of a derailment. 27 c. During periods of heavy rain, snow, or similar weather 28 conditions, and for a reasonable time after such conditions 29 subside to allow a return to compliance. 30 d. In the event of a rock slide, earth slide, washout, or 31 similar seismic conditions, and for a reasonable time after 32 such conditions subside to allow a return to compliance. 33 7. Waiver. A railroad corporation may petition the 34 department for a waiver of any provision of this section. The 35 -2- LSB 5596HH (3) 86 ns/nh 2/ 6

H.F. 2240 department may grant a waiver of any provision of this section 1 where the railroad corporation shows good cause. 2 8. Enforcement. 3 a. A person alleging a violation of this section shall 4 attempt to address the allegation with the railroad corporation 5 by making a written complaint to the railroad corporation. No 6 later than thirty days after receiving the written complaint, 7 the railroad corporation shall respond in writing to the person 8 alleging the violation, describing what action, if any, the 9 railroad corporation intends to take to correct the alleged 10 violation. If the railroad corporation does not respond in 11 writing to the person alleging the violation within thirty days 12 of receiving the complaint, or does not correct the alleged 13 violation within ninety days of receiving the complaint, the 14 person may file a formal complaint with the department. 15 b. A formal complaint to the department shall contain a 16 copy of the written complaint made to the railroad corporation 17 under paragraph “a” , and a copy of the railroad corporation’s 18 written response, if any. No later than ten days after 19 receiving the formal complaint, the department shall send 20 written notification to the railroad corporation informing it 21 of the complaint and its duties under this paragraph. No later 22 than thirty days after receiving written notification, the 23 railroad corporation shall either correct the alleged violation 24 or contest the complaint. If the railroad corporation contests 25 the complaint, the department shall inspect the area of the 26 alleged violation. Upon inspection, if the department finds 27 that a violation exists, the department shall issue an order 28 requiring the railroad corporation to correct the violation 29 within thirty days of receipt of the order. Upon inspection, 30 if the department finds that a violation does not exist, 31 the department shall deny the complaint and send written 32 notification to the parties informing them of the denial. 33 c. A party to the complaint may appeal the department’s 34 decision by filing an appeal with the department of inspections 35 -3- LSB 5596HH (3) 86 ns/nh 3/ 6

H.F. 2240 and appeals within ten days of being notified of the 1 department’s decision. The department of inspections and 2 appeals shall render a decision on the appeal and notify the 3 parties of the decision in writing no more than fifteen days 4 after the appeal was filed. Judicial review of the decision 5 of the department of inspections and appeals may be sought in 6 accordance with chapter 17A. 7 9. Penalty. A railroad corporation who violates this 8 section commits a “schedule one” violation punishable 9 under section 327C.5. Each day a violation exists shall be 10 considered a separate violation. 11 EXPLANATION 12 The inclusion of this explanation does not constitute agreement with 13 the explanation’s substance by the members of the general assembly. 14 This bill establishes standards and requirements for the 15 construction and maintenance of walkways in rail yards. The 16 provisions of the bill apply to all tracks and walkways in rail 17 yards in this state, but do not apply to tracks or walkways 18 in an industry yard owned by an entity other than a railroad 19 corporation. 20 The bill establishes a standard requirement for railroad 21 corporations to provide walkways adjacent to portions of 22 rail yard tracks where railroad employees perform switching 23 activities at least one shift per day for five days per week. 24 The bill provides recommendations and requirements for the 25 type of material used for the walkways. In addition, the 26 bill requires that walkways be at least two feet wide, with 27 cross slopes of not more than one inch of elevation for each 28 eight inches of length in any direction. Walkways must have 29 a reasonably uniform surface, be maintained in safe condition 30 without compromising track drainage, and be kept reasonably 31 free of spilled fuel oil, sand, posts, vegetation, nonballast 32 rocks, and other hazards and obstructions. 33 Following an administrative hearing, the department of 34 transportation may order a railroad corporation to construct a 35 -4- LSB 5596HH (3) 86 ns/nh 4/ 6

H.F. 2240 walkway or alter a preexisting walkway to conform with the new 1 requirements where the lack of a walkway or the condition of a 2 walkway poses a safety hazard to railroad employees. 3 The bill excuses a railroad corporation from compliance with 4 walkway requirements during maintenance activities, in the 5 event of a derailment, during certain weather conditions, in 6 certain seismic conditions, and for a reasonable time after 7 such weather or seismic conditions subside to allow a return 8 to compliance. 9 The department of transportation may grant a waiver of any 10 provision of the bill to a railroad corporation upon a showing 11 of good cause, including but not limited to a showing that 12 compliance with the bill will impose an undue hardship on the 13 railroad corporation. 14 A person who alleges a violation of the requirements of the 15 bill must address the allegation with the railroad corporation 16 by making a written complaint. If the railroad corporation 17 does not respond to the complaint within 30 days, or does not 18 resolve the alleged violation within 90 days, the person may 19 file a formal complaint with the department of transportation. 20 The department shall notify the railroad corporation of the 21 complaint, and the railroad corporation has 30 days in which 22 to respond, either by correcting the alleged violation or by 23 contesting the complaint. If the railroad corporation contests 24 the complaint, the department is required to inspect the area 25 of the alleged violation. Upon a finding that a violation 26 exists, the department must order the railroad corporation to 27 correct the violation within 30 days of receipt of the order. 28 If, following the inspection, the department finds that no 29 violation exists, it must notify the parties to the complaint 30 that the complaint is denied. 31 A party to the complaint may appeal the department’s 32 decision by filing an appeal with the department of inspections 33 and appeals and judicial review of the decision of the 34 department of inspections and appeals may be sought according 35 -5- LSB 5596HH (3) 86 ns/nh 5/ 6