Bill Text: MS HB902 | 2017 | Regular Session | Introduced
Bill Title: Railroads; establish procedure for crossing of by utilities.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Failed) 2017-01-31 - Died In Committee [HB902 Detail]
Download: Mississippi-2017-HB902-Introduced.html
MISSISSIPPI LEGISLATURE
2017 Regular Session
To: Public Utilities
By: Representatives Mangold, Massengill
House Bill 902
AN ACT TO PROVIDE THAT A UTILITY MAY CROSS A CLASS III RAILROAD'S RIGHT-OF-WAY IF THE UTILITY GIVES NOTICE, PAYS A CROSSING FEE AND PROVIDES A CERTIFICATE OF INSURANCE; TO PROVIDE CERTAIN DEFINITIONS; TO PROVIDE THAT A UTILITY IS NOT REQUIRED TO PAY A FEE TO A RAILROAD IF IT IS CROSSING IN THE PUBLIC RIGHT-OF-WAY; TO REQUIRE A UTILITY TO PAY FOR REASONABLE FLAGGING EXPENSE RELATED TO THE CROSSING; TO SPECIFY THE AMOUNT OF INSURANCE A UTILITY MUST CARRY DURING THE CONSTRUCTION OF THE CROSSING; TO PROVIDE CERTAIN PROCEDURES FOR A RAILROAD TO OBJECT TO THE CROSSING; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. As used in this act, unless the context clearly indicates otherwise, the following terms shall have the meaning ascribed:
(a) "Railroad" means any association or corporation, or other entity, engaged in operating a common carrier by rail or any other entity responsible for the management of crossings or collection of fees for the railroad. The term only includes railroads that are classified as Class III.
(b) "Utility" means any electric utility, public utility, utility authority, gas utility, municipal utility, Mississippi Rural Electrification Authority, power district, electric power association, joint agency, gas authority, pipeline company, telecommunications company, local natural gas district and water authority.
(c) "Crossing" means the construction, operation, repair or maintenance of a facility over, under or across a railroad right-of-way by a utility. The term does not include longitudinal occupancy of railroad right-of-way.
(d) "Facility" means any item of personal property placed over, across or underground for use in connection with the storage or conveyance of water; sewage; electronic, telephone or telegraphic communications; fiber optics; cablevision; electric energy; oil; gas; hazardous liquids; or other substances including pipes, sewers, conduits, cables, valves, lines, wires, manholes or attachments.
(e) "Special circumstances" includes the railroad crossing's relationship to other property, location of the crossing in urban or other developed areas, the existence of unique topography or natural resources, or other dangers inherent in the particular crossing.
SECTION 2. Any utility that intends to place a facility across a railroad right-of-way shall provide to the railroad notice of the placement at least thirty (30) days before the placement. The notice shall include a crossing application, which includes a drawing showing the location of the proposed crossing and the railroad's property, tracks and wires that the utility will cross. The utility may submit the crossing application on a form provided by the railroad, if available. The crossing application shall be sent to the railroad by certified mail, return receipt requested. The application shall be accompanied by the crossing fee as set forth in Section 4 of this act and a certificate of insurance as requested by Section 5 of this act.
SECTION 3. Thirty (30) days after the receipt by the railroad of the crossing application, the fee and certificate of insurance, the utility may commence the construction of the crossing unless the railroad notifies the utility in writing that the proposed crossing is a serious threat to the safe operations of the railroad or to the current use of the railroad right-of-way. In all other instances the utility shall be deemed to have authorization to commence construction of the facility.
SECTION 4. Unless otherwise agreed by the parties, a utility that crosses a railroad right-of-way, other than a crossing within the public right-of-way, shall pay the railroad a one-time standard crossing fee of Seven Hundred Fifty Dollars ($750.00) for each crossing. The standard crossing fee is in lieu of any license, permit, application, processing fee or any other fees or charges to reimburse the railroad for the direct expenses incurred by the railroad as a result of the crossing. No other fee may be assessed by the railroad or by any railroad agent, contractor or assignee to the utility or to any agent or contractor of the utility. The utility shall also reimburse the railroad for any reasonable and necessary flagging expense associated with a crossing, based on the railroad traffic at the crossing, in addition to the standard crossing fee. No crossing fee is required if the crossing is located within a public right-of-way.
SECTION 5. (1) The certificate of insurance or coverage submitted by a municipality shall include commercial general liability insurance or equivalent with a limit of not less than One Million Dollars ($1,000,000.00) for each occurrence and an aggregate of not less than Two Million Dollars ($2,000,000.00).
(2) The certificate of insurance submitted by any other utility other than a gas or hazardous materials pipeline utility shall include commercial general liability insurance with a combined single limit of at least Two Million Dollars ($2,000,000.00) for each occurrence and an aggregate limit of at least Four Million Dollars ($4,000,000.00).
(3) The certificate of insurance submitted by a gas or hazardous materials pipeline utility shall include commercial general liability insurance with a combined single limit of at least Five Million Dollars ($5,000,000.00) for each occurrence and an aggregate limit of at least Ten Million Dollars ($10,000,000.00).
(4) The railroad may require protective liability insurance with a combined single limit of Two Million Dollars ($2,000,000.00) for each occurrence and Four Million Dollars ($4,000,000.00) aggregate.
(5) The coverage required under this section may be provided by a blanket railroad protective liability insurance policy if the coverage, including the coverage limits, applies separately to each individual crossing. The coverage shall be required only during the period of construction, repair or replacement of the facility.
SECTION 6. If a railroad objects to the proposed crossing due to the proposal being a serious threat to the safe operations of the railroad or to the current use of the railroad right-of-way, the railroad shall provide notice of the objection and the specific basis of the objection to the utility by certified mail, return receipt requested. If the parties are unable to resolve the objection, either party may petition the Public Service Commission for resolution of the disputed crossing application within thirty (30) days from receipt of the objection. Before filing a petition, the parties shall confer in good faith in an attempt to resolve the objection. If a petition is filed, the Public Service Commission, after notice and opportunity for hearing, must issue an order within sixty (60) days of filing of the petition, during which time the crossing shall be stayed. The order may be appealed to the circuit court of the jurisdiction covering the location of the proposed crossing. The Public Service Commission shall assess its costs associated with a petition equitably against the parties.
SECTION 7. If a railroad asserts in writing by certified mail, return receipt requested, that special circumstances exist, or imposes additional requirements upon a utility for crossing its lines, other than the proposed crossing being a serious threat to the safe operations of the railroad or to the current use of the railroad right-of-way, the utility may object to one or more of the requirements. In such event, the utility shall provide notice of the objection and the specific basis of the objection to the railroad by certified mail, return receipt requested. If the parties are unable to resolve the objection, either party may petition the Public Service Commission for resolution of the objection within thirty (30) days from receipt of the objection. Before filing a petition, the parties shall confer in good faith in an attempt to resolve the objection. If a petition is filed, the Public Service Commission, within ninety (90) days of filing the petition, shall determine, after notice and opportunity for hearing, whether special circumstances exist that necessitate additional requirements for the placement of the crossing. The order may be appealed to the circuit court of the jurisdiction covering the location of the proposed crossing. The Public Service Commission shall assess its costs associated with a petition equitably against the parties.
SECTION 8. This act shall take effect and be in force from and after July 1, 2017.
