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