Bill Text: IA HF21 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to the construction and maintenance of walkways in railroad yards, and providing penalties.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-01-18 - Subcommittee: Grassley, Deyoe and Jacoby. H.J. 122. [HF21 Detail]
Download: Iowa-2019-HF21-Introduced.html
House
File
21
-
Introduced
HOUSE
FILE
21
BY
HUNTER
A
BILL
FOR
An
Act
relating
to
the
construction
and
maintenance
of
walkways
1
in
railroad
yards,
and
providing
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
NEW
SECTION
.
327F.37
Railroad
yard
walkways
——
1
penalty.
2
1.
Scope.
This
section
applies
to
all
railroad
tracks
and
3
walkways
in
railroad
yards
in
this
state.
This
section
does
4
not
apply
to
tracks
or
walkways
constructed
in
an
industry
yard
5
owned
by
an
entity
other
than
a
railroad
corporation.
6
2.
Definitions.
As
used
in
this
section,
unless
the
context
7
otherwise
requires:
8
a.
“Department”
means
the
state
department
of
9
transportation.
10
b.
“Frequently”
means
at
least
one
shift
per
day
for
11
five
days
per
week,
or
any
other
period
the
department
deems
12
frequent
enough
to
warrant
an
order
pursuant
to
subsection
5.
13
c.
“Good
cause”
includes
but
is
not
limited
to
a
showing
14
that
compliance
with
this
section
will
impose
an
undue
hardship
15
on
the
railroad
corporation.
16
3.
Standard.
A
railroad
corporation
shall
provide
walkways
17
adjacent
to
those
portions
of
railroad
yard
tracks
where
18
railroad
employees
frequently
perform
switching
activities.
19
4.
General
requirements
and
recommendations.
20
a.
(1)
Walkways
may
be
surfaced
with
asphalt,
concrete,
21
planking,
grating,
native
material,
crushed
material,
or
22
other
similar
material.
Where
crushed
material
is
used,
one
23
hundred
percent
of
the
material
shall
be
capable
of
passing
24
through
a
one
and
one-half
inch
square
sieve
opening,
and
not
25
less
than
ninety
percent
of
the
material
shall
be
capable
of
26
passing
through
a
one-inch
square
sieve
opening.
A
de
minimus
27
variation
from
these
requirements
shall
not
be
a
violation
28
of
this
section
in
instances
where
the
railroad
corporation
29
has
made
a
good-faith
effort
to
comply
with
the
percentage
30
requirements
of
this
subparagraph.
31
(2)
Crushed
material
smaller
than
that
described
in
32
subparagraph
(1)
shall
be
used
whenever
practicable,
especially
33
in
places
where
drainage
and
durability
issues
do
not
exist.
34
Material
capable
of
passing
through
a
three-fourths
inch
square
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sieve
opening
or
smaller
is
recommended
for
switching
lead
1
tracks.
2
b.
Walkways
shall
have
a
reasonably
uniform
surface
and
3
be
maintained
in
a
safe
condition
without
compromising
track
4
drainage.
5
c.
Cross
slopes
for
walkways
shall
not
exceed
one
inch
of
6
elevation
for
each
eight
inches
of
horizontal
length
in
any
7
direction.
8
d.
Walkways
shall
be
at
least
two
feet
wide.
9
e.
Walkways
shall
be
kept
reasonably
free
of
spilled
fuel
10
oil,
sand,
posts,
vegetation,
nonballast
rocks,
and
other
11
hazards
or
obstructions.
12
5.
Other
tracks.
If
the
department
finds,
after
notice
13
and
hearing,
that
railroad
employees
who
frequently
perform
14
switching
activities
adjacent
to
a
portion
of
track
are
exposed
15
to
safety
hazards
due
to
the
lack
of
a
walkway
or
due
to
the
16
condition
of
a
walkway
constructed
before
July
1,
2019,
the
17
department
may
do
one
of
the
following:
18
a.
Order
a
railroad
corporation
to
construct
a
walkway
19
adjacent
to
a
portion
of
track
where
railroad
employees
20
frequently
perform
switching
activities.
21
b.
Require
a
railroad
corporation
to
modify
an
existing
22
walkway
to
conform
with
subsections
3
and
4
within
a
reasonable
23
period
of
time.
24
6.
Compliance.
A
railroad
corporation
is
excused
from
25
complying
with
this
section
under
the
following
circumstances:
26
a.
During
maintenance
activities.
27
b.
In
the
event
of
a
derailment.
28
c.
During
periods
of
heavy
rain,
snow,
or
similar
weather
29
conditions,
and
for
a
reasonable
time
after
such
conditions
30
subside
to
allow
a
return
to
compliance.
31
d.
In
the
event
of
a
rock
slide,
earth
slide,
washout,
or
32
similar
seismic
conditions,
and
for
a
reasonable
time
after
33
such
conditions
subside
to
allow
a
return
to
compliance.
34
7.
Waiver.
A
railroad
corporation
may
petition
the
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department
for
a
waiver
of
any
provision
of
this
section.
The
1
department
may
grant
a
waiver
of
any
provision
of
this
section
2
where
the
railroad
corporation
shows
good
cause.
3
8.
Enforcement.
4
a.
A
person
alleging
a
violation
of
this
section
shall
5
attempt
to
address
the
allegation
with
the
railroad
corporation
6
by
making
a
written
complaint
to
the
railroad
corporation.
No
7
later
than
thirty
days
after
receiving
the
written
complaint,
8
the
railroad
corporation
shall
respond
in
writing
to
the
person
9
alleging
the
violation,
describing
what
action,
if
any,
the
10
railroad
corporation
intends
to
take
to
correct
the
alleged
11
violation.
If
the
railroad
corporation
does
not
respond
in
12
writing
to
the
person
alleging
the
violation
within
thirty
days
13
of
receiving
the
complaint,
or
does
not
correct
the
alleged
14
violation
within
ninety
days
of
receiving
the
complaint,
the
15
person
may
file
a
formal
complaint
with
the
department.
16
b.
A
formal
complaint
to
the
department
shall
contain
a
17
copy
of
the
written
complaint
made
to
the
railroad
corporation
18
under
paragraph
“a”
,
and
a
copy
of
the
railroad
corporation’s
19
written
response,
if
any.
No
later
than
ten
days
after
20
receiving
the
formal
complaint,
the
department
shall
send
21
written
notification
to
the
railroad
corporation
informing
it
22
of
the
complaint
and
its
duties
under
this
paragraph.
No
later
23
than
thirty
days
after
receiving
written
notification,
the
24
railroad
corporation
shall
either
correct
the
alleged
violation
25
or
contest
the
complaint.
If
the
railroad
corporation
contests
26
the
complaint,
the
department
shall
inspect
the
area
of
the
27
alleged
violation.
Upon
inspection,
if
the
department
finds
28
that
a
violation
exists,
the
department
shall
issue
an
order
29
requiring
the
railroad
corporation
to
correct
the
violation
30
within
thirty
days
of
receipt
of
the
order.
Upon
inspection,
31
if
the
department
finds
that
a
violation
does
not
exist,
32
the
department
shall
deny
the
complaint
and
send
written
33
notification
to
the
parties
informing
them
of
the
denial.
34
c.
A
party
to
the
complaint
may
appeal
the
department’s
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decision
by
filing
an
appeal
with
the
department
of
inspections
1
and
appeals
within
ten
days
of
being
notified
of
the
2
department’s
decision.
The
department
of
inspections
and
3
appeals
shall
render
a
decision
on
the
appeal
and
notify
the
4
parties
of
the
decision
in
writing
no
more
than
fifteen
days
5
after
the
appeal
was
filed.
Judicial
review
of
the
decision
6
of
the
department
of
inspections
and
appeals
may
be
sought
in
7
accordance
with
chapter
17A.
8
9.
Penalty.
A
railroad
corporation
who
violates
this
9
section
commits
a
“schedule
one”
violation
punishable
10
under
section
327C.5.
Each
day
a
violation
exists
shall
be
11
considered
a
separate
violation.
12
EXPLANATION
13
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
14
the
explanation’s
substance
by
the
members
of
the
general
assembly.
15
This
bill
establishes
standards
and
requirements
for
the
16
construction
and
maintenance
of
walkways
in
railroad
yards.
17
The
provisions
of
the
bill
apply
to
all
tracks
and
walkways
in
18
railroad
yards
in
this
state,
but
do
not
apply
to
tracks
or
19
walkways
in
an
industry
yard
owned
by
an
entity
other
than
a
20
railroad
corporation.
21
The
bill
establishes
a
standard
requirement
for
railroad
22
corporations
to
provide
walkways
adjacent
to
portions
of
23
railroad
yard
tracks
where
railroad
employees
perform
switching
24
activities
at
least
one
shift
per
day
for
five
days
per
week.
25
The
bill
provides
recommendations
and
requirements
for
the
26
type
of
material
used
for
the
walkways.
In
addition,
the
27
bill
requires
that
walkways
be
at
least
two
feet
wide,
with
28
cross
slopes
of
not
more
than
one
inch
of
elevation
for
each
29
eight
inches
of
length
in
any
direction.
Walkways
must
have
30
a
reasonably
uniform
surface,
be
maintained
in
safe
condition
31
without
compromising
track
drainage,
and
be
kept
reasonably
32
free
of
spilled
fuel
oil,
sand,
posts,
vegetation,
nonballast
33
rocks,
and
other
hazards
and
obstructions.
34
Following
an
administrative
hearing,
the
department
of
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transportation
(DOT)
may
order
a
railroad
corporation
to
1
construct
a
walkway
or
alter
a
preexisting
walkway
to
conform
2
with
the
new
requirements
where
the
lack
of
a
walkway
or
3
the
condition
of
a
walkway
poses
a
safety
hazard
to
railroad
4
employees.
5
The
bill
excuses
a
railroad
corporation
from
compliance
with
6
walkway
requirements
during
maintenance
activities,
in
the
7
event
of
a
derailment,
during
certain
weather
conditions,
in
8
certain
seismic
conditions,
and
for
a
reasonable
time
after
9
such
weather
or
seismic
conditions
subside
to
allow
a
return
10
to
compliance.
11
The
DOT
may
grant
a
waiver
of
any
provision
of
the
bill
to
a
12
railroad
corporation
upon
a
showing
of
good
cause,
including
13
but
not
limited
to
a
showing
that
compliance
with
the
bill
will
14
impose
an
undue
hardship
on
the
railroad
corporation.
15
A
person
who
alleges
a
violation
of
the
requirements
of
the
16
bill
must
address
the
allegation
with
the
railroad
corporation
17
by
making
a
written
complaint.
If
the
railroad
corporation
18
does
not
respond
to
the
complaint
within
30
days,
or
does
19
not
resolve
the
alleged
violation
within
90
days,
the
person
20
may
file
a
formal
complaint
with
the
DOT.
The
DOT
shall
21
notify
the
railroad
corporation
of
the
complaint,
and
the
22
railroad
corporation
has
30
days
in
which
to
respond,
either
23
by
correcting
the
alleged
violation
or
by
contesting
the
24
complaint.
If
the
railroad
corporation
contests
the
complaint,
25
the
DOT
is
required
to
inspect
the
area
of
the
alleged
26
violation.
Upon
a
finding
that
a
violation
exists,
the
DOT
27
must
order
the
railroad
corporation
to
correct
the
violation
28
within
30
days
of
receipt
of
the
order.
If,
following
the
29
inspection,
the
DOT
finds
that
no
violation
exists,
it
must
30
notify
the
parties
to
the
complaint
that
the
complaint
is
31
denied.
32
A
party
to
the
complaint
may
appeal
the
DOT’s
decision
by
33
filing
an
appeal
with
the
department
of
inspections
and
appeals
34
and
judicial
review
of
the
decision
of
the
department
of
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