House
Study
Bill
697
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
STATE
GOVERNMENT
BILL
BY
CHAIRPERSON
KAUFMANN)
A
BILL
FOR
An
Act
relating
to
crossings
of
rights-of-way
owned
by
1
successors
in
interest
of
railroad
corporations.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
6346YC
(5)
88
ja/rn
H.F.
_____
Section
1.
Section
476.27,
subsection
3,
paragraph
a,
Code
1
2020,
is
amended
to
read
as
follows:
2
a.
(1)
Notwithstanding
subsection
2
,
rules
adopted
by
the
3
board
shall
not
prevent
a
railroad
and
a
public
utility
other
4
than
a
public
utility
as
provided
in
subparagraph
(2)
from
5
otherwise
negotiating
the
terms
and
conditions
applicable
to
6
a
crossing
or
the
resolution
of
any
disputes
relating
to
such
7
crossing.
8
(2)
Rules
adopted
by
the
board
pursuant
to
subsection
2
9
prescribing
the
terms
and
conditions
for
a
crossing
shall
apply
10
to
facilities
located
within
the
railroad
right-of-way
of
a
11
railroad
corporation’s
successor
in
interest
by
any
of
the
12
following
public
utilities
and
the
terms
and
conditions
thereof
13
shall
not
be
subject
to
negotiation:
14
(a)
Municipally
owned
facilities.
15
(b)
Unincorporated
villages.
16
(c)
Municipally
owned
waterworks.
17
(d)
Joint
water
utilities.
18
(e)
Rural
water
districts
incorporated
under
chapter
357A
19
or
504.
20
(f)
Cooperative
water
associations.
21
(g)
Persons
furnishing
electricity
to
five
or
fewer
22
persons.
23
EXPLANATION
24
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
25
the
explanation’s
substance
by
the
members
of
the
general
assembly.
26
This
bill
relates
to
crossings
of
rights-of-way
owned
by
27
successors
in
interest
of
railroad
corporations.
28
Current
law
provides
that,
unless
the
parties
agree
29
otherwise,
a
public
utility
that
locates
its
facilities
within
30
a
right-of-way
owned
by
a
successor
in
interest
of
a
railroad
31
corporation
for
a
crossing
shall
pay
the
successor
in
interest
32
a
one-time
standard
crossing
fee
of
$750
for
each
crossing.
33
The
standard
fee
is
in
lieu
of
any
license
or
any
other
fees
or
34
charges
to
reimburse
the
successor
in
interest
for
the
direct
35
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2
H.F.
_____
expenses
incurred
by
the
successor
in
interest
as
a
result
of
1
the
crossing.
Current
law
also
provides
that
such
rules
shall
2
not
prevent
a
railroad
and
a
public
utility
from
otherwise
3
negotiating
the
terms
and
conditions
applicable
to
a
crossing
4
or
the
resolution
of
any
related
disputes.
5
The
bill
provides
that
rules
adopted
by
the
board
6
prescribing
the
terms
and
conditions
for
a
crossing
shall
apply
7
to
facilities
located
within
the
railroad
right-of-way
of
a
8
railroad
corporation’s
successor
in
interest
by
any
of
the
9
following
without
further
or
other
negotiation:
municipally
10
owned
facilities,
unincorporated
villages,
municipally
owned
11
waterworks,
joint
water
utilities,
rural
water
districts
12
incorporated
under
Code
chapter
357A
or
504,
cooperative
water
13
associations,
or
persons
furnishing
electricity
to
five
or
14
fewer
persons.
15
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6346YC
(5)
88
ja/rn
2/
2