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House Study Bill 697 - IntroducedA Bill ForAn Act 1relating to crossings of rights-of-way owned by
2successors in interest of railroad corporations.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 476.27, subsection 3, paragraph a, Code
22020, is amended to read as follows:
3a. (1) Notwithstanding subsection 2, rules adopted by the
4board shall not prevent a railroad and a public utility other
5than a public utility as provided in subparagraph (2) from
6otherwise negotiating the terms and conditions applicable to
7a crossing or the resolution of any disputes relating to such
8crossing.
9(2) Rules adopted by the board pursuant to subsection 2
10prescribing the terms and conditions for a crossing shall apply
11to facilities located within the railroad right-of-way of a
12railroad corporation’s successor in interest by any of the
13following public utilities and the terms and conditions thereof
14shall not be subject to negotiation:
15(a) Municipally owned facilities.
16(b) Unincorporated villages.
17(c) Municipally owned waterworks.
18(d) Joint water utilities.
19(e) Rural water districts incorporated under chapter 357A
20or 504.
21(f) Cooperative water associations.
22(g) Persons furnishing electricity to five or fewer
23persons.
24EXPLANATION
25The inclusion of this explanation does not constitute agreement with
26the explanation’s substance by the members of the general assembly.
27This bill relates to crossings of rights-of-way owned by
28successors in interest of railroad corporations.
29Current law provides that, unless the parties agree
30otherwise, a public utility that locates its facilities within
31a right-of-way owned by a successor in interest of a railroad
32corporation for a crossing shall pay the successor in interest
33a one-time standard crossing fee of $750 for each crossing.
34The standard fee is in lieu of any license or any other fees or
35charges to reimburse the successor in interest for the direct
-1-1expenses incurred by the successor in interest as a result of
2the crossing. Current law also provides that such rules shall
3not prevent a railroad and a public utility from otherwise
4negotiating the terms and conditions applicable to a crossing
5or the resolution of any related disputes.
6The bill provides that rules adopted by the board
7prescribing the terms and conditions for a crossing shall apply
8to facilities located within the railroad right-of-way of a
9railroad corporation’s successor in interest by any of the
10following without further or other negotiation: municipally
11owned facilities, unincorporated villages, municipally owned
12waterworks, joint water utilities, rural water districts
13incorporated under Code chapter 357A or 504, cooperative water
14associations, or persons furnishing electricity to five or
15fewer persons.
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2successors in interest of railroad corporations.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 476.27, subsection 3, paragraph a, Code
22020, is amended to read as follows:
3a. (1) Notwithstanding subsection 2, rules adopted by the
4board shall not prevent a railroad and a public utility other
5than a public utility as provided in subparagraph (2) from
6otherwise negotiating the terms and conditions applicable to
7a crossing or the resolution of any disputes relating to such
8crossing.
9(2) Rules adopted by the board pursuant to subsection 2
10prescribing the terms and conditions for a crossing shall apply
11to facilities located within the railroad right-of-way of a
12railroad corporation’s successor in interest by any of the
13following public utilities and the terms and conditions thereof
14shall not be subject to negotiation:
15(a) Municipally owned facilities.
16(b) Unincorporated villages.
17(c) Municipally owned waterworks.
18(d) Joint water utilities.
19(e) Rural water districts incorporated under chapter 357A
20or 504.
21(f) Cooperative water associations.
22(g) Persons furnishing electricity to five or fewer
23persons.
24EXPLANATION
25The inclusion of this explanation does not constitute agreement with
26the explanation’s substance by the members of the general assembly.
27This bill relates to crossings of rights-of-way owned by
28successors in interest of railroad corporations.
29Current law provides that, unless the parties agree
30otherwise, a public utility that locates its facilities within
31a right-of-way owned by a successor in interest of a railroad
32corporation for a crossing shall pay the successor in interest
33a one-time standard crossing fee of $750 for each crossing.
34The standard fee is in lieu of any license or any other fees or
35charges to reimburse the successor in interest for the direct
-1-1expenses incurred by the successor in interest as a result of
2the crossing. Current law also provides that such rules shall
3not prevent a railroad and a public utility from otherwise
4negotiating the terms and conditions applicable to a crossing
5or the resolution of any related disputes.
6The bill provides that rules adopted by the board
7prescribing the terms and conditions for a crossing shall apply
8to facilities located within the railroad right-of-way of a
9railroad corporation’s successor in interest by any of the
10following without further or other negotiation: municipally
11owned facilities, unincorporated villages, municipally owned
12waterworks, joint water utilities, rural water districts
13incorporated under Code chapter 357A or 504, cooperative water
14associations, or persons furnishing electricity to five or
15fewer persons.
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