HSB 697 (LSB 6346YC (5) 88)

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 successors in interest of railroad corporations.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 476.27, subsection 3, paragraph a, Code 2020, is amended to read as follows:
   a.  (1)  Notwithstanding subsection 2, rules adopted by the board shall not prevent a railroad and a public utility other than a public utility as provided in subparagraph (2) from otherwise negotiating the terms and conditions applicable to a crossing or the resolution of any disputes relating to such crossing.
   (2)  Rules adopted by the board pursuant to subsection 2 prescribing the terms and conditions for a crossing shall apply to facilities located within the railroad right-of-way of a railroad corporation’s successor in interest by any of the following public utilities and the terms and conditions thereof shall not be subject to negotiation:
   (a)  Municipally owned facilities.
   (b)  Unincorporated villages.
   (c)  Municipally owned waterworks.
   (d)  Joint water utilities.
   (e)  Rural water districts incorporated under chapter 357A or 504.
   (f)  Cooperative water associations.
   (g)  Persons furnishing electricity to five or fewer persons.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to crossings of rights-of-way owned by successors in interest of railroad corporations.
   Current law provides that, unless the parties agree otherwise, a public utility that locates its facilities within a right-of-way owned by a successor in interest of a railroad corporation for a crossing shall pay the successor in interest a one-time standard crossing fee of $750 for each crossing. The standard fee is in lieu of any license or any other fees or charges to reimburse the successor in interest for the direct expenses incurred by the successor in interest as a result of the crossing. Current law also provides that such rules shall not prevent a railroad and a public utility from otherwise negotiating the terms and conditions applicable to a crossing or the resolution of any related disputes.
   The bill provides that rules adopted by the board prescribing the terms and conditions for a crossing shall apply to facilities located within the railroad right-of-way of a railroad corporation’s successor in interest by any of the following without further or other negotiation: municipally owned facilities, unincorporated villages, municipally owned waterworks, joint water utilities, rural water districts incorporated under Code chapter 357A or 504, cooperative water associations, or persons furnishing electricity to five or fewer persons.