Bill Text: IA HSB694 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to the standard crossing fee a public utility owes to a railroad under certain circumstances.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2022-02-17 - Subcommittee recommends indefinite postponement. Vote Total: 0-0 [HSB694 Detail]
Download: Iowa-2021-HSB694-Introduced.html
House
Study
Bill
694
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
STATE
GOVERNMENT
BILL
BY
CHAIRPERSON
KAUFMANN)
A
BILL
FOR
An
Act
relating
to
the
standard
crossing
fee
a
public
utility
1
owes
to
a
railroad
under
certain
circumstances.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
476.27,
subsection
2,
paragraph
b,
Code
1
2022,
is
amended
to
read
as
follows:
2
b.
(1)
(a)
Unless
otherwise
agreed
by
the
parties
and
3
subject
to
subsection
4
,
a
public
utility
that
locates
its
4
facilities
within
the
railroad
right-of-way
for
a
crossing,
5
other
than
a
crossing
along
the
public
roads
of
the
state
6
pursuant
to
chapter
477
,
shall
pay
the
railroad
a
one-time
7
standard
crossing
fee
of
seven
hundred
fifty
dollars
for
each
8
crossing.
9
(b)
Notwithstanding
subparagraph
division
(a),
if
the
10
railroad
right-of-way
is
owned,
operated,
occupied,
or
managed
11
by
a
railroad
corporation’s
successor
in
interest,
the
standard
12
crossing
fee
is
one
thousand
five
hundred
dollars.
13
(2)
The
standard
crossing
fee
shall
be
in
lieu
of
any
14
license
or
any
other
fees
or
charges
to
reimburse
the
railroad
15
for
the
direct
expenses
incurred
by
the
railroad
as
a
result
of
16
the
crossing.
17
(3)
The
public
utility
shall
pay
the
standard
crossing
fee
18
to
the
railroad
within
sixty
days
after
one
of
the
following,
19
whichever
is
later:
20
(a)
The
crossing.
21
(b)
The
final
decision
in
a
proceeding
to
determine
whether
22
the
public
utility
owes
the
standard
crossing
fee
to
the
23
railroad,
if
it
is
determined
the
public
utility
owes
the
24
standard
crossing
fee
to
the
railroad.
25
(4)
If
a
public
utility
fails
to
pay
the
standard
crossing
26
fee
within
sixty
days
as
required
under
subparagraph
(3),
to
a
27
railroad
corporation’s
successor
in
interest,
as
described
in
28
subparagraph
(1),
subparagraph
division
(b),
the
public
utility
29
shall
pay
to
the
railroad
corporation’s
successor
in
interest
30
four
thousand
five
hundred
dollars,
which
is
in
addition
to
31
the
standard
crossing
fee,
plus
reasonable
attorney
fees
and
32
court
costs
incurred
by
the
railroad
corporation’s
successor
in
33
interest
to
obtain
the
standard
crossing
fee.
34
(5)
The
public
utility
shall
also
reimburse
the
railroad
35
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for
any
actual
flagging
expenses
associated
with
a
crossing
in
1
addition
to
the
standard
crossing
fee.
2
EXPLANATION
3
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
4
the
explanation’s
substance
by
the
members
of
the
general
assembly.
5
Under
current
law,
a
public
utility
that
locates
its
6
facilities
within
the
railroad
right-of-way
for
a
crossing
7
is
required
to
pay
the
railroad
a
one-time
standard
crossing
8
fee
of
$750
for
each
crossing.
A
“crossing”
means
the
9
construction,
operation,
repair,
or
maintenance
of
a
facility
10
over,
under,
or
across
a
railroad
right-of-way
by
a
public
11
utility.
The
standard
crossing
fee
is
not
required
under
12
certain
circumstances,
including
as
agreed
by
the
parties,
13
pursuant
to
a
determination
by
the
Iowa
utilities
board
14
(IUB)
for
special
circumstances,
or
where
the
crossing
is
15
along
the
public
roads
of
the
state
pursuant
to
Code
chapter
16
477
(telegraph
and
telephones
——
cable
systems).
Under
17
IUB
administrative
rules,
the
standard
crossing
fee
is
not
18
required
for
the
relocation
of
public
utility
facilities
if
the
19
relocation
is
required
by
the
railroad.
“Railroad”
is
defined
20
to
include
a
railroad
corporation’s
successor
in
interest.
21
This
bill
increases
the
standard
crossing
fee
to
$1,500
if
22
the
railroad
right-of-way
is
owned,
operated,
occupied,
or
23
managed
by
a
railroad
corporation’s
successor
in
interest.
The
24
bill
requires
the
public
utility
to
pay
the
fee
to
a
railroad
25
no
later
than
60
days
after
the
crossing
or
a
final
decision
26
in
a
proceeding
relating
to
the
fee,
whichever
is
later.
The
27
bill
provides
that
if
the
public
utility
fails
to
pay
the
28
standard
crossing
fee
to
a
railroad
corporation’s
successor
29
in
interest
as
required
under
the
bill,
the
public
utility
30
is
required
to
pay
the
railroad
corporation’s
successor
in
31
interest
$4,500,
which
is
in
addition
to
the
standard
crossing
32
fee,
plus
reasonable
attorney
fees
and
court
costs
incurred
by
33
the
railroad
corporation’s
successor
in
interest
to
obtain
the
34
standard
crossing
fee.
35
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