Bill Text: IA HF181 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to the construction and maintenance of walkways in rail yards, and providing a penalty.
Spectrum: Partisan Bill (Democrat 14-0)
Status: (Introduced - Dead) 2017-02-01 - Introduced, referred to Transportation. H.J. 171. [HF181 Detail]
Download: Iowa-2017-HF181-Introduced.html
House File 181 - Introduced HOUSE FILE BY T. TAYLOR, HUNTER, KEARNS, MASCHER, STAED, STECKMAN, OURTH, LENSING, GASKILL, KACENA, BROWN=POWERS, OLSON, BEARINGER, and BENNETT A BILL FOR 1 An Act relating to the construction and maintenance of walkways 2 in rail yards, and providing a penalty. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1856YH (2) 87 ns/nh PAG LIN 1 1 Section 1. NEW SECTION. 327F.37 Rail yard walkways ==== 1 2 penalty. 1 3 1. Scope. This section applies to all railroad tracks and 1 4 walkways in rail yards in this state. This section does not 1 5 apply to tracks or walkways constructed in an industry yard 1 6 owned by an entity other than a railroad corporation. 1 7 2. Definitions. As used in this section, unless the context 1 8 otherwise requires: 1 9 a. "Department" means the department of transportation. 1 10 b. "Frequently" means at least one shift per day for 1 11 five days per week, or any other period the department deems 1 12 frequent enough to warrant an order pursuant to subsection 5. 1 13 c. "Good cause" includes but is not limited to a showing 1 14 that compliance with this section will impose an undue hardship 1 15 on the railroad corporation. 1 16 3. Standard. A railroad corporation shall provide walkways 1 17 adjacent to those portions of rail yard tracks where railroad 1 18 employees frequently perform switching activities. 1 19 4. General requirements and recommendations. 1 20 a. (1) Walkways may be surfaced with asphalt, concrete, 1 21 planking, grating, native material, crushed material, or 1 22 other similar material. Where crushed material is used, one 1 23 hundred percent of the material shall be capable of passing 1 24 through a one and one=half inch square sieve opening, and not 1 25 less than ninety percent of the material shall be capable of 1 26 passing through a one=inch square sieve opening. A de minimus 1 27 variation from these requirements shall not be a violation 1 28 of this section in instances where the railroad corporation 1 29 has made a good=faith effort to comply with the percentage 1 30 requirements of this subparagraph. 1 31 (2) Crushed material smaller than that described in 1 32 subparagraph (1) shall be used whenever practicable, especially 1 33 in places where drainage and durability issues do not exist. 1 34 Material capable of passing through a three=fourths inch square 1 35 sieve opening or smaller is recommended for switching lead 2 1 tracks. 2 2 b. Walkways shall have a reasonably uniform surface and 2 3 be maintained in a safe condition without compromising track 2 4 drainage. 2 5 c. Cross slopes for walkways shall not exceed one inch of 2 6 elevation for each eight inches of horizontal length in any 2 7 direction. 2 8 d. Walkways shall be at least two feet wide. 2 9 e. Walkways shall be kept reasonably free of spilled fuel 2 10 oil, sand, posts, vegetation, nonballast rocks, and other 2 11 hazards or obstructions. 2 12 5. Other tracks. If the department finds, after notice 2 13 and hearing, that railroad employees who frequently perform 2 14 switching activities adjacent to a portion of track are exposed 2 15 to safety hazards due to the lack of a walkway or due to the 2 16 condition of a walkway constructed before July 1, 2016, the 2 17 department may do one of the following: 2 18 a. Order a railroad corporation to construct a walkway 2 19 adjacent to a portion of track where railroad employees 2 20 frequently perform switching activities. 2 21 b. Require a railroad corporation to modify an existing 2 22 walkway to conform with subsections 3 and 4 within a reasonable 2 23 period of time. 2 24 6. Compliance. A railroad corporation is excused from 2 25 complying with this section under the following circumstances: 2 26 a. During maintenance activities. 2 27 b. In the event of a derailment. 2 28 c. During periods of heavy rain, snow, or similar weather 2 29 conditions, and for a reasonable time after such conditions 2 30 subside to allow a return to compliance. 2 31 d. In the event of a rock slide, earth slide, washout, or 2 32 similar seismic conditions, and for a reasonable time after 2 33 such conditions subside to allow a return to compliance. 2 34 7. Waiver. A railroad corporation may petition the 2 35 department for a waiver of any provision of this section. The 3 1 department may grant a waiver of any provision of this section 3 2 where the railroad corporation shows good cause. 3 3 8. Enforcement. 3 4 a. A person alleging a violation of this section shall 3 5 attempt to address the allegation with the railroad corporation 3 6 by making a written complaint to the railroad corporation. No 3 7 later than thirty days after receiving the written complaint, 3 8 the railroad corporation shall respond in writing to the person 3 9 alleging the violation, describing what action, if any, the 3 10 railroad corporation intends to take to correct the alleged 3 11 violation. If the railroad corporation does not respond in 3 12 writing to the person alleging the violation within thirty days 3 13 of receiving the complaint, or does not correct the alleged 3 14 violation within ninety days of receiving the complaint, the 3 15 person may file a formal complaint with the department. 3 16 b. A formal complaint to the department shall contain a 3 17 copy of the written complaint made to the railroad corporation 3 18 under paragraph "a", and a copy of the railroad corporation's 3 19 written response, if any. No later than ten days after 3 20 receiving the formal complaint, the department shall send 3 21 written notification to the railroad corporation informing it 3 22 of the complaint and its duties under this paragraph. No later 3 23 than thirty days after receiving written notification, the 3 24 railroad corporation shall either correct the alleged violation 3 25 or contest the complaint. If the railroad corporation contests 3 26 the complaint, the department shall inspect the area of the 3 27 alleged violation. Upon inspection, if the department finds 3 28 that a violation exists, the department shall issue an order 3 29 requiring the railroad corporation to correct the violation 3 30 within thirty days of receipt of the order. Upon inspection, 3 31 if the department finds that a violation does not exist, 3 32 the department shall deny the complaint and send written 3 33 notification to the parties informing them of the denial. 3 34 c. A party to the complaint may appeal the department's 3 35 decision by filing an appeal with the department of inspections 4 1 and appeals within ten days of being notified of the 4 2 department's decision. The department of inspections and 4 3 appeals shall render a decision on the appeal and notify the 4 4 parties of the decision in writing no more than fifteen days 4 5 after the appeal was filed. Judicial review of the decision 4 6 of the department of inspections and appeals may be sought in 4 7 accordance with chapter 17A. 4 8 9. Penalty. A railroad corporation who violates this 4 9 section commits a "schedule one" violation punishable 4 10 under section 327C.5. Each day a violation exists shall be 4 11 considered a separate violation. 4 12 EXPLANATION 4 13 The inclusion of this explanation does not constitute agreement with 4 14 the explanation's substance by the members of the general assembly. 4 15 This bill establishes standards and requirements for the 4 16 construction and maintenance of walkways in rail yards. The 4 17 provisions of the bill apply to all tracks and walkways in rail 4 18 yards in this state, but do not apply to tracks or walkways 4 19 in an industry yard owned by an entity other than a railroad 4 20 corporation. 4 21 The bill establishes a standard requirement for railroad 4 22 corporations to provide walkways adjacent to portions of 4 23 rail yard tracks where railroad employees perform switching 4 24 activities at least one shift per day for five days per week. 4 25 The bill provides recommendations and requirements for the 4 26 type of material used for the walkways. In addition, the 4 27 bill requires that walkways be at least two feet wide, with 4 28 cross slopes of not more than one inch of elevation for each 4 29 eight inches of length in any direction. Walkways must have 4 30 a reasonably uniform surface, be maintained in safe condition 4 31 without compromising track drainage, and be kept reasonably 4 32 free of spilled fuel oil, sand, posts, vegetation, nonballast 4 33 rocks, and other hazards and obstructions. 4 34 Following an administrative hearing, the department of 4 35 transportation may order a railroad corporation to construct a 5 1 walkway or alter a preexisting walkway to conform with the new 5 2 requirements where the lack of a walkway or the condition of a 5 3 walkway poses a safety hazard to railroad employees. 5 4 The bill excuses a railroad corporation from compliance with 5 5 walkway requirements during maintenance activities, in the 5 6 event of a derailment, during certain weather conditions, in 5 7 certain seismic conditions, and for a reasonable time after 5 8 such weather or seismic conditions subside to allow a return 5 9 to compliance. 5 10 The department of transportation may grant a waiver of any 5 11 provision of the bill to a railroad corporation upon a showing 5 12 of good cause, including but not limited to a showing that 5 13 compliance with the bill will impose an undue hardship on the 5 14 railroad corporation. 5 15 A person who alleges a violation of the requirements of the 5 16 bill must address the allegation with the railroad corporation 5 17 by making a written complaint. If the railroad corporation 5 18 does not respond to the complaint within 30 days, or does not 5 19 resolve the alleged violation within 90 days, the person may 5 20 file a formal complaint with the department of transportation. 5 21 The department shall notify the railroad corporation of the 5 22 complaint, and the railroad corporation has 30 days in which 5 23 to respond, either by correcting the alleged violation or by 5 24 contesting the complaint. If the railroad corporation contests 5 25 the complaint, the department is required to inspect the area 5 26 of the alleged violation. Upon a finding that a violation 5 27 exists, the department must order the railroad corporation to 5 28 correct the violation within 30 days of receipt of the order. 5 29 If, following the inspection, the department finds that no 5 30 violation exists, it must notify the parties to the complaint 5 31 that the complaint is denied. 5 32 A party to the complaint may appeal the department's 5 33 decision by filing an appeal with the department of inspections 5 34 and appeals and judicial review of the decision of the 5 35 department of inspections and appeals may be sought according 6 1 to the Iowa administrative procedure Act. 6 2 A violation of the bill's provisions is a "schedule one" 6 3 violation, punishable by a $100 fine for each day a violation 6 4 exists. LSB 1856YH (2) 87 ns/nh
