HF 2460

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 03/20/2014 03:32pm

A bill for an act
relating to transportation; railroads; establishing standards for railroad yard
lighting; proposing coding for new law in Minnesota Statutes, chapter 219.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [219.375] RAILROAD YARD LIGHTING.
new text end

new text begin Subdivision 1. new text end

new text begin General requirements. new text end

new text begin (a) All railroad common carriers, and their
officers, agents, and employees, operating a railroad in this state are required to maintain
lighting between sunset and sunrise above switches in railroad yards where:
new text end

new text begin (1) cars or locomotives are switched or inspected; or
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new text begin (2) cars are switched to assemble or disassemble trains.
new text end

new text begin (b) Railroad common carriers shall provide lighting adjacent to those portions of
railroad yard tracks where railroad common carrier employees frequently work on the
ground performing switching, inspection, and repair activities. For purposes of this
section, "frequently work" means at least five days per week.
new text end

new text begin (c) Railroad yard lighting over switches and inspection areas must:
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new text begin (1) conform with the guidelines set forth by the American Railway Engineering
and Manufacturing Association (AREMA);
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new text begin (2) include at least one lighting source for each two-yard track switch segment; and
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new text begin (3) be displayed from a height of at least 30 feet above the railroad yard lead-track
area.
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new text begin (d) Lighting over switches and other light sources within railroad yards or at other
railroad locations must be:
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new text begin (1) maintained to illuminate as designed;
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new text begin (2) compliant with the National Electrical Code;
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new text begin (3) kept clear of obstructions; and
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new text begin (4) focused on the railroad common carrier property designed to be illuminated.
new text end

new text begin (e) The energy source for lighting is permitted, though not required, to:
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new text begin (1) be direct wired from a carrier facility power source, have solar panel power with
a battery storage source, or have another constant energy source; or
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new text begin (2) be designed to have standard or light-emitting diode fixtures or electrical circuits
that include power saving or ambient atmosphere actuating switches.
new text end

new text begin (f) Railroad common carriers must replace damaged or nonoperative lighting within
48 hours after light source damage has been reported to the carrier.
new text end

new text begin Subd. 2. new text end

new text begin Allowances for unusual conditions. new text end

new text begin Railroad common carriers are not
required to comply with the requirements of this section during:
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new text begin (1) maintenance activities;
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new text begin (2) derailments;
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new text begin (3) any period of heavy rain or snow, washouts, or similar weather or seismic
conditions; or
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new text begin (4) a reasonable period after any occurrence identified in clauses (1) to (3), but no
longer than is necessary to achieve compliance with this section.
new text end

new text begin Subd. 3. new text end

new text begin Lighting orders; commissioner authority. new text end

new text begin (a) When the commissioner
finds that railroad common carrier employees who frequently work adjacent to a portion
of track performing switching, inspection, maintenance, repair, or fueling activities are
exposed to hazard resulting from the lack of lighting, or to the condition of lighting
constructed before July 1, 2014, the commissioner may order a railroad common carrier
to construct lighting adjacent to a portion of track where employees are performing
switching, inspection, maintenance, repair or fueling activities, or require a railroad
common carrier to modify existing lighting to conform with the standards set forth by
AREMA lighting standards, within a reasonable period of time.
new text end

new text begin (b) A railroad common carrier, person, or corporation may appeal an order under this
subdivision. An appeal under this paragraph is subject to the processes and requirements
of chapter 14.
new text end

new text begin Subd. 4. new text end

new text begin Failure to correct. new text end

new text begin If a railroad common carrier, person, or corporation
fails to correct a violation of this section within the time provided in an order issued by
the commissioner of transportation under subdivision 3, and the railroad common carrier,
person, or corporation does not appeal the order, the failure to correct the violation as
ordered by the commissioner constitutes a new and separate offense distinct from the
original violation of this section.
new text end

new text begin Subd. 5. new text end

new text begin Complaints. new text end

new text begin No formal complaint of an alleged violation of this section
may be filed until the filing party has attempted to address the alleged violations with the
railroad common carrier. Any complaint of an alleged violation must contain a written
statement that the filing party has made a reasonable, good faith attempt to address the
alleged violation.
new text end

new text begin Subd. 6. new text end

new text begin Waiver. new text end

new text begin Upon written request of a railroad common carrier, the
commissioner of transportation may waive any portion of this section if conditions do not
reasonably permit compliance. The commissioner's decision is subject to the requirements
under section 218.041 and must include an on-site inspection of the area for which the
waiver has been requested. The inspection shall occur between sunset and sunrise, and all
parties of interest shall be permitted to attend.
new text end

new text begin Subd. 7. new text end

new text begin Violations and penalties. new text end

new text begin A railroad common carrier, corporation, or
person who violates this section is liable to a penalty not to exceed $500 for each violation.
new text end

new text begin Subd. 8. new text end

new text begin Exceptions; applicability. new text end

new text begin (a) This section establishes minimum standards
for railroad yard lighting. Nothing in this section shall be construed to preclude design of
railroad yard towers with multiple lighting sources, a brighter lighting design, or other
features that exceed the requirements of this section.
new text end

new text begin (b) This section applies to all Class One and Class Two railroad common carrier
railroad yards. This section does not apply to an entity that owns or operates track in
Minnesota that is not a Class One or Class Two railroad common carrier as classified
by the Federal Railroad Administration.
new text end

new text begin (c) Railroad yards and other locations where lighting exists on July 1, 2014, are
deemed compliant with subdivision 1, paragraphs (b) and (c).
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new text begin EFFECTIVE DATE. new text end

new text begin This section is effective November 1, 2016.
new text end

Sec. 2.

new text begin [219.995] MADE IN MINNESOTA SOLAR INSTALLATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the following terms
have the meanings given.
new text end

new text begin (b) "Made in Minnesota" has the meaning given in section 216C.411, paragraph (a).
new text end

new text begin (c) "Solar photovoltaic module" has the meaning given in section 116C.7791,
subdivision 1, paragraph (e).
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new text begin Subd. 2. new text end

new text begin Made in Minnesota solar energy system requirement. new text end

new text begin Notwithstanding
any other law to the contrary, if a railroad common carrier engages in any project in
Minnesota for the construction, improvement, maintenance, or repair of any building,
railroad, railroad yard, railroad facility, or land owned or controlled by the railroad
common carrier and the construction, improvement, maintenance, or repair involves
installation of one or more solar photovoltaic modules, the railroad common carrier
must ensure that the solar photovoltaic modules purchased and installed are "Made in
Minnesota" as defined in subdivision 1, paragraph (b).
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new text begin Subd. 3. new text end

new text begin Application. new text end

new text begin Subdivision 2 does not apply if:
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new text begin (1) as a condition of the receipt of federal financial assistance for a specific project,
the railroad common carrier is required to use a procurement method that might result in
the award of a contract to a manufacturer that does not meet the "Made in Minnesota"
definition in subdivision 1, paragraph (b);
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new text begin (2) no solar photovoltaic modules are available that meet the "Made in Minnesota"
definition and fulfill the function required by the project; or
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new text begin (3) a railroad common carrier's compliance with the "Made in Minnesota" solar
energy system requirement would result in noncompliance with any applicable federal
statute or regulation.
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