Bill Text: MN HF2460 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Railroad yard lighting standards established.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Introduced - Dead) 2014-04-04 - Author added Hilstrom [HF2460 Detail]
Download: Minnesota-2013-HF2460-Engrossed.html
1.2relating to transportation; railroads; establishing standards for railroad yard
1.3lighting;proposing coding for new law in Minnesota Statutes, chapter 219.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. [219.375] RAILROAD YARD LIGHTING.
1.6 Subdivision 1. General requirements. (a) All railroad common carriers, and their
1.7officers, agents, and employees, operating a railroad in this state are required to maintain
1.8lighting between sunset and sunrise above switches in railroad yards where:
1.9(1) cars or locomotives are switched or inspected; or
1.10(2) cars are switched to assemble or disassemble trains.
1.11(b) Railroad common carriers shall provide lighting adjacent to those portions of
1.12railroad yard tracks where railroad common carrier employees frequently work on the
1.13ground performing switching, inspection, and repair activities. For purposes of this
1.14section, "frequently work" means at least five days per week.
1.15(c) Railroad yard lighting over switches and inspection areas must:
1.16(1) conform with the guidelines set forth by the American Railway Engineering
1.17and Manufacturing Association (AREMA);
1.18(2) include at least one lighting source for each two-yard track switch segment; and
1.19(3) be displayed from a height of at least 30 feet above the railroad yard lead-track
1.20area.
1.21(d) Lighting over switches and other light sources within railroad yards or at other
1.22railroad locations must be:
1.23(1) maintained to illuminate as designed;
1.24(2) compliant with the National Electrical Code;
2.1(3) kept clear of obstructions; and
2.2(4) focused on the railroad common carrier property designed to be illuminated.
2.3(e) The energy source for lighting is permitted, though not required, to:
2.4(1) be direct wired from a carrier facility power source, have solar panel power with
2.5a battery storage source, or have another constant energy source; or
2.6(2) be designed to have standard or light-emitting diode fixtures or electrical circuits
2.7that include power saving or ambient atmosphere actuating switches.
2.8(f) Railroad common carriers must replace damaged or nonoperative lighting within
2.948 hours after light source damage has been reported to the carrier.
2.10 Subd. 2. Allowances for unusual conditions. Railroad common carriers are not
2.11required to comply with the requirements of this section during:
2.12(1) maintenance activities;
2.13(2) derailments;
2.14(3) any period of heavy rain or snow, washouts, or similar weather or seismic
2.15conditions; or
2.16(4) a reasonable period after any occurrence identified in clauses (1) to (3), but no
2.17longer than is necessary to achieve compliance with this section.
2.18 Subd. 3. Lighting orders; commissioner authority. (a) When the commissioner
2.19finds that railroad common carrier employees who frequently work adjacent to a portion
2.20of track performing switching, inspection, maintenance, repair, or fueling activities are
2.21exposed to hazard resulting from the lack of lighting, or to the condition of lighting
2.22constructed before July 1, 2014, the commissioner may order a railroad common carrier
2.23to construct lighting adjacent to a portion of track where employees are performing
2.24switching, inspection, maintenance, repair or fueling activities, or require a railroad
2.25common carrier to modify existing lighting to conform with the standards set forth by
2.26AREMA lighting standards, within a reasonable period of time.
2.27(b) A railroad common carrier, person, or corporation may appeal an order under this
2.28subdivision. An appeal under this paragraph is subject to the processes and requirements
2.29of chapter 14.
2.30 Subd. 4. Failure to correct. If a railroad common carrier, person, or corporation
2.31fails to correct a violation of this section within the time provided in an order issued by
2.32the commissioner of transportation under subdivision 3, and the railroad common carrier,
2.33person, or corporation does not appeal the order, the failure to correct the violation as
2.34ordered by the commissioner constitutes a new and separate offense distinct from the
2.35original violation of this section.
3.1 Subd. 5. Complaints. No formal complaint of an alleged violation of this section
3.2may be filed until the filing party has attempted to address the alleged violations with the
3.3railroad common carrier. Any complaint of an alleged violation must contain a written
3.4statement that the filing party has made a reasonable, good faith attempt to address the
3.5alleged violation.
3.6 Subd. 6. Waiver. Upon written request of a railroad common carrier, the
3.7commissioner of transportation may waive any portion of this section if conditions do not
3.8reasonably permit compliance. The commissioner's decision is subject to the requirements
3.9under section 218.041 and must include an on-site inspection of the area for which the
3.10waiver has been requested. The inspection shall occur between sunset and sunrise, and all
3.11parties of interest shall be permitted to attend.
3.12 Subd. 7. Violations and penalties. A railroad common carrier, corporation, or
3.13person who violates this section is liable to a penalty not to exceed $500 for each violation.
3.14 Subd. 8. Exceptions; applicability. (a) This section establishes minimum standards
3.15for railroad yard lighting. Nothing in this section shall be construed to preclude design of
3.16railroad yard towers with multiple lighting sources, a brighter lighting design, or other
3.17features that exceed the requirements of this section.
3.18(b) This section applies to all Class One and Class Two railroad common carrier
3.19railroad yards. This section does not apply to an entity that owns or operates track in
3.20Minnesota that is not a Class One or Class Two railroad common carrier as classified
3.21by the Federal Railroad Administration.
3.22(c) Railroad yards and other locations where lighting exists on July 1, 2014, are
3.23deemed compliant with subdivision 1, paragraphs (b) and (c).
3.24EFFECTIVE DATE.This section is effective November 1, 2016.
3.25 Sec. 2. [219.995] MADE IN MINNESOTA SOLAR INSTALLATIONS.
3.26 Subdivision 1. Definitions. (a) For the purposes of this section, the following terms
3.27have the meanings given.
3.28(b) "Made in Minnesota" has the meaning given in section 216C.411, paragraph (a).
3.29(c) "Solar photovoltaic module" has the meaning given in section116C.7791 ,
3.30subdivision 1, paragraph (e).
3.31 Subd. 2. Made in Minnesota solar energy system requirement. Notwithstanding
3.32any other law to the contrary, if a railroad common carrier engages in any project in
3.33Minnesota for the construction, improvement, maintenance, or repair of any building,
3.34railroad, railroad yard, railroad facility, or land owned or controlled by the railroad
3.35common carrier and the construction, improvement, maintenance, or repair involves
4.1installation of one or more solar photovoltaic modules, the railroad common carrier
4.2must ensure that the solar photovoltaic modules purchased and installed are "Made in
4.3Minnesota" as defined in subdivision 1, paragraph (b).
4.4 Subd. 3. Application. Subdivision 2 does not apply if:
4.5(1) as a condition of the receipt of federal financial assistance for a specific project,
4.6the railroad common carrier is required to use a procurement method that might result in
4.7the award of a contract to a manufacturer that does not meet the "Made in Minnesota"
4.8definition in subdivision 1, paragraph (b);
4.9(2) no solar photovoltaic modules are available that meet the "Made in Minnesota"
4.10definition and fulfill the function required by the project; or
4.11(3) a railroad common carrier's compliance with the "Made in Minnesota" solar
4.12energy system requirement would result in noncompliance with any applicable federal
4.13statute or regulation.
1.3lighting;proposing coding for new law in Minnesota Statutes, chapter 219.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. [219.375] RAILROAD YARD LIGHTING.
1.6 Subdivision 1. General requirements. (a) All railroad common carriers, and their
1.7officers, agents, and employees, operating a railroad in this state are required to maintain
1.8lighting between sunset and sunrise above switches in railroad yards where:
1.9(1) cars or locomotives are switched or inspected; or
1.10(2) cars are switched to assemble or disassemble trains.
1.11(b) Railroad common carriers shall provide lighting adjacent to those portions of
1.12railroad yard tracks where railroad common carrier employees frequently work on the
1.13ground performing switching, inspection, and repair activities. For purposes of this
1.14section, "frequently work" means at least five days per week.
1.15(c) Railroad yard lighting over switches and inspection areas must:
1.16(1) conform with the guidelines set forth by the American Railway Engineering
1.17and Manufacturing Association (AREMA);
1.18(2) include at least one lighting source for each two-yard track switch segment; and
1.19(3) be displayed from a height of at least 30 feet above the railroad yard lead-track
1.20area.
1.21(d) Lighting over switches and other light sources within railroad yards or at other
1.22railroad locations must be:
1.23(1) maintained to illuminate as designed;
1.24(2) compliant with the National Electrical Code;
2.1(3) kept clear of obstructions; and
2.2(4) focused on the railroad common carrier property designed to be illuminated.
2.3(e) The energy source for lighting is permitted, though not required, to:
2.4(1) be direct wired from a carrier facility power source, have solar panel power with
2.5a battery storage source, or have another constant energy source; or
2.6(2) be designed to have standard or light-emitting diode fixtures or electrical circuits
2.7that include power saving or ambient atmosphere actuating switches.
2.8(f) Railroad common carriers must replace damaged or nonoperative lighting within
2.948 hours after light source damage has been reported to the carrier.
2.10 Subd. 2. Allowances for unusual conditions. Railroad common carriers are not
2.11required to comply with the requirements of this section during:
2.12(1) maintenance activities;
2.13(2) derailments;
2.14(3) any period of heavy rain or snow, washouts, or similar weather or seismic
2.15conditions; or
2.16(4) a reasonable period after any occurrence identified in clauses (1) to (3), but no
2.17longer than is necessary to achieve compliance with this section.
2.18 Subd. 3. Lighting orders; commissioner authority. (a) When the commissioner
2.19finds that railroad common carrier employees who frequently work adjacent to a portion
2.20of track performing switching, inspection, maintenance, repair, or fueling activities are
2.21exposed to hazard resulting from the lack of lighting, or to the condition of lighting
2.22constructed before July 1, 2014, the commissioner may order a railroad common carrier
2.23to construct lighting adjacent to a portion of track where employees are performing
2.24switching, inspection, maintenance, repair or fueling activities, or require a railroad
2.25common carrier to modify existing lighting to conform with the standards set forth by
2.26AREMA lighting standards, within a reasonable period of time.
2.27(b) A railroad common carrier, person, or corporation may appeal an order under this
2.28subdivision. An appeal under this paragraph is subject to the processes and requirements
2.29of chapter 14.
2.30 Subd. 4. Failure to correct. If a railroad common carrier, person, or corporation
2.31fails to correct a violation of this section within the time provided in an order issued by
2.32the commissioner of transportation under subdivision 3, and the railroad common carrier,
2.33person, or corporation does not appeal the order, the failure to correct the violation as
2.34ordered by the commissioner constitutes a new and separate offense distinct from the
2.35original violation of this section.
3.1 Subd. 5. Complaints. No formal complaint of an alleged violation of this section
3.2may be filed until the filing party has attempted to address the alleged violations with the
3.3railroad common carrier. Any complaint of an alleged violation must contain a written
3.4statement that the filing party has made a reasonable, good faith attempt to address the
3.5alleged violation.
3.6 Subd. 6. Waiver. Upon written request of a railroad common carrier, the
3.7commissioner of transportation may waive any portion of this section if conditions do not
3.8reasonably permit compliance. The commissioner's decision is subject to the requirements
3.9under section 218.041 and must include an on-site inspection of the area for which the
3.10waiver has been requested. The inspection shall occur between sunset and sunrise, and all
3.11parties of interest shall be permitted to attend.
3.12 Subd. 7. Violations and penalties. A railroad common carrier, corporation, or
3.13person who violates this section is liable to a penalty not to exceed $500 for each violation.
3.14 Subd. 8. Exceptions; applicability. (a) This section establishes minimum standards
3.15for railroad yard lighting. Nothing in this section shall be construed to preclude design of
3.16railroad yard towers with multiple lighting sources, a brighter lighting design, or other
3.17features that exceed the requirements of this section.
3.18(b) This section applies to all Class One and Class Two railroad common carrier
3.19railroad yards. This section does not apply to an entity that owns or operates track in
3.20Minnesota that is not a Class One or Class Two railroad common carrier as classified
3.21by the Federal Railroad Administration.
3.22(c) Railroad yards and other locations where lighting exists on July 1, 2014, are
3.23deemed compliant with subdivision 1, paragraphs (b) and (c).
3.24EFFECTIVE DATE.This section is effective November 1, 2016.
3.25 Sec. 2. [219.995] MADE IN MINNESOTA SOLAR INSTALLATIONS.
3.26 Subdivision 1. Definitions. (a) For the purposes of this section, the following terms
3.27have the meanings given.
3.28(b) "Made in Minnesota" has the meaning given in section 216C.411, paragraph (a).
3.29(c) "Solar photovoltaic module" has the meaning given in section
3.30subdivision 1, paragraph (e).
3.31 Subd. 2. Made in Minnesota solar energy system requirement. Notwithstanding
3.32any other law to the contrary, if a railroad common carrier engages in any project in
3.33Minnesota for the construction, improvement, maintenance, or repair of any building,
3.34railroad, railroad yard, railroad facility, or land owned or controlled by the railroad
3.35common carrier and the construction, improvement, maintenance, or repair involves
4.1installation of one or more solar photovoltaic modules, the railroad common carrier
4.2must ensure that the solar photovoltaic modules purchased and installed are "Made in
4.3Minnesota" as defined in subdivision 1, paragraph (b).
4.4 Subd. 3. Application. Subdivision 2 does not apply if:
4.5(1) as a condition of the receipt of federal financial assistance for a specific project,
4.6the railroad common carrier is required to use a procurement method that might result in
4.7the award of a contract to a manufacturer that does not meet the "Made in Minnesota"
4.8definition in subdivision 1, paragraph (b);
4.9(2) no solar photovoltaic modules are available that meet the "Made in Minnesota"
4.10definition and fulfill the function required by the project; or
4.11(3) a railroad common carrier's compliance with the "Made in Minnesota" solar
4.12energy system requirement would result in noncompliance with any applicable federal
4.13statute or regulation.
