Iowa-2019-HF21-Introduced

H.F. 21 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 35 -1- LSB 1418YH (2) 88 ns/rh 1/ 6

H.F. 21 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 35 -2- LSB 1418YH (2) 88 ns/rh 2/ 6

H.F. 21 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 35 -3- LSB 1418YH (2) 88 ns/rh 3/ 6

H.F. 21 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 35 -4- LSB 1418YH (2) 88 ns/rh 4/ 6

H.F. 21 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 35 -5- LSB 1418YH (2) 88 ns/rh 5/ 6