Bill Text: IA SF218 | 2023-2024 | 90th General Assembly | Introduced


Bill Title: A bill for an act relating to lighting requirements for certain areas under the control of class I or class II railroad corporations.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2023-02-23 - Subcommittee recommends passage. []. [SF218 Detail]

Download: Iowa-2023-SF218-Introduced.html
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 TLSB 1906XS (2) 90 th/ns
S.F. 218 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. 35 -1- LSB 1906XS (2) 90 th/ns 1/ 3
S.F. 218 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 -2- LSB 1906XS (2) 90 th/ns 2/ 3
S.F. 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. 12 -3- LSB 1906XS (2) 90 th/ns 3/ 3
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