Print
Senate File 218 - IntroducedA Bill ForAn Act 1relating to lighting requirements for certain
2areas under the control of class I or class II railroad
3corporations.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 327D.6 Lighting equipment required
2— locations — reports — penalties.
31. Every class I railroad corporation and class II railroad
4corporation shall ensure any location under such corporation’s
5control where a railroad train, as defined in section 321.1, is
6switched, repaired, inspected, loaded, or unloaded is lighted,
7naturally or artificially, by a safe type of lighting any time
8a railroad train is switched, repaired, inspected, loaded, or
9unloaded.
102. Every class I railroad corporation and class II railroad
11corporation shall maintain the lighting equipment installed in
12accordance with this section.
133. Artificial lighting equipment must provide adequate
14lighting and minimize light pollution and glare that may affect
15persons outside of the illuminated area.
164. Every class I railroad corporation and class II railroad
17corporation shall adopt an installation and maintenance
18schedule and file a report detailing the lighting equipment
19installation and maintenance schedule adopted by the
20corporation, the associated costs, and the locations controlled
21by the corporation that are required to be lighted with the
22department no later than December 15 of each year.
235. A railroad corporation is responsible for all costs
24associated with the installation and maintenance of the
25lighting equipment at all required locations under such
26corporation’s control.
276. As used in this section:
28a. “Class I railroad corporation” means the same as a
29class I rail carrier, as defined by the federal surface
30transportation board.
31b. “Class II railroad corporation” means the same as a
32class II rail carrier, as defined by the federal surface
33transportation board.
347. Notwithstanding section 327D.17, a violation of this
35section is a schedule “two” penalty under section 327C.5.
-1-1EXPLANATION
2The inclusion of this explanation does not constitute agreement with
3the explanation’s substance by the members of the general assembly.
4The federal surface transportation board (STB) is an
5independent federal agency that is charged with the economic
6regulation of various modes of surface transportation including
7primarily freight rail. The STB has defined three classes of
8railway carriers, designated as class I, class II, and class
9III respectively according to annual revenue criteria. The
10STB thresholds, last adjusted for inflation in 2019, for a
11class I carrier includes a carrier earning revenue greater than
12$504,803,294. A class II carrier is a carrier earning revenue
13between $40,387,772 and $504,803,294. A class III carrier is a
14carrier earning revenue less than $40,387,772. There are seven
15class I freight railroad companies in the United States and
16five operate in Iowa.
17This bill requires every class I railroad corporation and
18class II railroad corporation to ensure any location under
19such corporation’s control where a railroad train is switched,
20repaired, inspected, loaded, or unloaded is lighted, naturally
21or artificially, by a safe type of lighting any time a railroad
22train is switched, repaired, inspected, loaded, or unloaded.
23Under the bill, a “railroad train” is an engine or locomotive
24with or without cars coupled thereto, operated upon rails. The
25bill defines “class I railroad corporation” to mean the same
26as a class I rail carrier, as defined by the STB, and a “class
27II railroad corporation” to mean the same as a class II rail
28carrier, as defined by the STB.
29The bill requires each applicable railroad corporation to
30maintain the lighting equipment installed in accordance with
31the bill. Such artificial lighting equipment is required
32to provide adequate lighting and minimize light pollution
33and glare that may affect persons outside of the illuminated
34area. The railroad corporations must adopt an installation and
35maintenance schedule and file a report detailing the lighting
-2-1equipment installation and maintenance schedule adopted by the
2corporation, the associated costs, and the locations controlled
3by the corporation that are required to be lighted with the
4department of transportation no later than December 15 of each
5year.
6Each railroad corporation is responsible for all costs
7associated with the installation and maintenance of the
8lighting equipment at all required locations under such
9corporation’s control.
10A violation of the bill is a schedule “two” penalty under
11Code section 327C.5, a fine of not less than $100 nor more than
12$500 per violation.
-3-th/ns
2areas under the control of class I or class II railroad
3corporations.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 327D.6 Lighting equipment required
2— locations — reports — penalties.
31. Every class I railroad corporation and class II railroad
4corporation shall ensure any location under such corporation’s
5control where a railroad train, as defined in section 321.1, is
6switched, repaired, inspected, loaded, or unloaded is lighted,
7naturally or artificially, by a safe type of lighting any time
8a railroad train is switched, repaired, inspected, loaded, or
9unloaded.
102. Every class I railroad corporation and class II railroad
11corporation shall maintain the lighting equipment installed in
12accordance with this section.
133. Artificial lighting equipment must provide adequate
14lighting and minimize light pollution and glare that may affect
15persons outside of the illuminated area.
164. Every class I railroad corporation and class II railroad
17corporation shall adopt an installation and maintenance
18schedule and file a report detailing the lighting equipment
19installation and maintenance schedule adopted by the
20corporation, the associated costs, and the locations controlled
21by the corporation that are required to be lighted with the
22department no later than December 15 of each year.
235. A railroad corporation is responsible for all costs
24associated with the installation and maintenance of the
25lighting equipment at all required locations under such
26corporation’s control.
276. As used in this section:
28a. “Class I railroad corporation” means the same as a
29class I rail carrier, as defined by the federal surface
30transportation board.
31b. “Class II railroad corporation” means the same as a
32class II rail carrier, as defined by the federal surface
33transportation board.
347. Notwithstanding section 327D.17, a violation of this
35section is a schedule “two” penalty under section 327C.5.
-1-1EXPLANATION
2The inclusion of this explanation does not constitute agreement with
3the explanation’s substance by the members of the general assembly.
4The federal surface transportation board (STB) is an
5independent federal agency that is charged with the economic
6regulation of various modes of surface transportation including
7primarily freight rail. The STB has defined three classes of
8railway carriers, designated as class I, class II, and class
9III respectively according to annual revenue criteria. The
10STB thresholds, last adjusted for inflation in 2019, for a
11class I carrier includes a carrier earning revenue greater than
12$504,803,294. A class II carrier is a carrier earning revenue
13between $40,387,772 and $504,803,294. A class III carrier is a
14carrier earning revenue less than $40,387,772. There are seven
15class I freight railroad companies in the United States and
16five operate in Iowa.
17This bill requires every class I railroad corporation and
18class II railroad corporation to ensure any location under
19such corporation’s control where a railroad train is switched,
20repaired, inspected, loaded, or unloaded is lighted, naturally
21or artificially, by a safe type of lighting any time a railroad
22train is switched, repaired, inspected, loaded, or unloaded.
23Under the bill, a “railroad train” is an engine or locomotive
24with or without cars coupled thereto, operated upon rails. The
25bill defines “class I railroad corporation” to mean the same
26as a class I rail carrier, as defined by the STB, and a “class
27II railroad corporation” to mean the same as a class II rail
28carrier, as defined by the STB.
29The bill requires each applicable railroad corporation to
30maintain the lighting equipment installed in accordance with
31the bill. Such artificial lighting equipment is required
32to provide adequate lighting and minimize light pollution
33and glare that may affect persons outside of the illuminated
34area. The railroad corporations must adopt an installation and
35maintenance schedule and file a report detailing the lighting
-2-1equipment installation and maintenance schedule adopted by the
2corporation, the associated costs, and the locations controlled
3by the corporation that are required to be lighted with the
4department of transportation no later than December 15 of each
5year.
6Each railroad corporation is responsible for all costs
7associated with the installation and maintenance of the
8lighting equipment at all required locations under such
9corporation’s control.
10A violation of the bill is a schedule “two” penalty under
11Code section 327C.5, a fine of not less than $100 nor more than
12$500 per violation.
-3-th/ns