Bill Text: MI SB0136 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Transportation; railroads; abolishment of certain grade crossings; allow if less than 500 vehicles a day use that crossing. Amends sec. 307 of 1993 PA 354 (MCL 462.307).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-02-10 - Referred To Committee On Transportation [SB0136 Detail]
Download: Michigan-2011-SB0136-Introduced.html
SENATE BILL No. 136
February 10, 2011, Introduced by Senator ROBERTSON and referred to the Committee on Transportation.
A bill to amend 1993 PA 354, entitled
"Railroad code of 1993,"
by amending section 307 (MCL 462.307).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 307. (1) A new public street, highway, or a new
nonmotorized trail shall not be constructed across the tracks of
any railroad, or the new tracks of any railroad shall not be
constructed across a public street, highway, or nonmotorized trail
until approval is granted by the department. Upon application, the
department shall investigate the location of the proposed crossing.
(2) The department, when it determines necessary for the
safety of the public, may change the location of or abolish any
existing public grade crossing after not less than 30 days' notice
in the area affected by the crossing. A public hearing shall be
held by the department if requested by any affected party. Within
30 days after the date of the hearing, the department may issue an
order to close the existing grade crossing. Any person, local unit
of government, or road authority having an interest in the
abolishment of an existing grade crossing, within 30 days after the
closure order of the department, may commence an action in the
circuit court for the county of Ingham against the department as
defendant to vacate or set aside the order.
(3) Commencing with the date of the federal designation of a
high-speed rail corridor, a public or private at-grade street or
highway or a farm, bicycle, or pedestrian crossing shall not be
constructed across the railroad tracks of that corridor except for
a crossing consolidation or relocation approved by the department.
(4) If the location of a proposed crossing is found to be
necessary, feasible, and may be made reasonably safe for a crossing
at grade, the department shall grant permission for the crossing.
The
department shall require installation of such traffic control
devices
as that in its judgment may be appropriate. When a crossing
necessitated by a new roadway across an existing track is
permitted, and the crossing does not provide the sole access to the
property, the department shall, simultaneously, after
investigation
and a hearing, if required, order the abolishment of 1 or more
existing
grade crossings having less than 100 500 vehicles a day
within
the same road authority jurisdiction. , if the involved road
authority
and railroad may waive hearing thereon. If the crossing
having less than 500 vehicles a day within the same road authority
jurisdiction provides the sole access to the property, the
department shall not order the abolition of the grade crossing.
(5) If the department determines that the proposed location
may not be made reasonably safe for a grade crossing, it shall deny
permission for the crossing and require the crossing to be
redesigned, if constructed at that location, or to be made other
than at grade in accordance with section 319. If the department
determines that it is impractical to secure a safe crossing at the
point in question, either at grade or otherwise, it shall deny the
grade crossing.
(6) The full cost of constructing a new street or highway
across an existing railroad, or of a new railroad track or tracks
across an existing street or highway, shall be borne by the party
requesting the crossing. The following shall apply to a new or
relocated grade crossing:
(a) The plans for the grade crossing shall be approved by both
railroad and road authority. If there is a failure to agree, the
department shall settle the points of disagreement by the terms of
its order.
(b) The relocation of an existing grade crossing or the
establishment of a new grade crossing at which the existing public
highway grade crossing is completely abandoned, shall be
constructed and the cost borne in the same manner as in the case of
a new grade crossing. The maintenance responsibility of the
relocated crossing shall be the same as the removed crossing unless
otherwise agreed to by the parties.
(c) Temporary grade crossings shall be constructed,
maintained, and removed at the sole expense of the parties
requesting the same.
(d) The cost of construction shall include the direct
construction cost of the roadbed, track structure, grade crossing
surface, pavement, traffic control devices and drainage, including
all material, labor, and services and other costs of construction.
(e) After construction, the grade crossing and traffic control
devices shall be maintained as provided in this act.
(7) Upon approval of any new grade crossing project requested
by a road authority, the road authority shall notify the railroad,
in writing, to furnish a competent inspector and other necessary
persons to inspect the construction of the grade crossing which
shall be constructed according to the order of the department. The
road authority shall pay to the railroad the actual costs incurred
by the railroad for the time actually and necessarily spent in
inspecting construction. Upon approval of any new grade crossing
project requested by a railroad, the railroad shall notify the road
authority, in writing, to furnish a competent inspector and other
necessary persons to inspect the construction of the grade crossing
which shall be constructed according to the order of the
department. The railroad shall pay to the road authority the actual
costs incurred by the road authority for the time actually and
necessarily spent in inspecting construction.
(8) A road authority may request a railroad or a railroad may
request a road authority, in writing, to reconstruct, change,
widen, or alter that portion of an existing grade crossing with a
public street or highway for which they are responsible to
accommodate the requesting party's plans for reconstruction,
change, widening, or alteration of their crossing related facility.
The requesting party shall notify the other party to conform to the
change simultaneously with the requesting party's work. However, if
the party requested to make changes refuses, the requesting party
may make application to the department for a determination. The
department, after due hearing on the issue, shall determine the
matters in dispute by order. The full cost of the reconstructing,
change, widening, or alteration shall be borne by the party
requesting it, unless otherwise agreed to.
(9) If a track through any grade crossing is abandoned through
legal proceedings, the railroad, at its cost as part of routine
maintenance, shall remove the tracks and any active traffic control
devices and then shall restore the street or highway surface in a
manner satisfactory to the road authority. The road authority, at
its cost as part of routine maintenance, shall remove all passive
traffic control devices. The track and all traffic control devices
shall be removed within 1 year of the abandonment. Until such
removal is complete, the railroad and road authority shall maintain
it in accordance with this act.
(10) If a track through any grade crossing becomes unnecessary
for the conduct of railroad services, the railroad, at its cost as
part of routine maintenance, shall remove the track and any active
traffic control devices and then shall restore the street or
highway surface in a manner satisfactory to the road authority. The
road authority, at its cost as part of routine maintenance, shall
remove all passive traffic control devices. The department may
order the railroad to remove the track and any traffic control
devices if there is not a likelihood of continued use. Until the
track and all traffic control devices are removed, the railroad and
road authority shall maintain it in accordance with this act.
