SF 869

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to railroads; authorizing cities and counties 
  1.3             to require railroads to repair grade crossing surfaces 
  1.4             and install safety devices; providing for 
  1.5             apportionment of costs; proposing coding for new law 
  1.6             in Minnesota Statutes, chapter 219. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  [219.404] [GRADE CROSSINGS; LOCAL REQUIREMENTS 
  1.9   FOR REPAIR AND PROTECTION.] 
  1.10     Subdivision 1.  [ROAD AUTHORITY.] For purposes of this 
  1.11  section "road authority" means a road authority as defined in 
  1.12  section 160.02, subdivision 9, that is the governing body of a 
  1.13  city or county. 
  1.14     Subd. 2.  [GRADE CROSSING PROTECTION; LOCAL ACTIONS.] A 
  1.15  road authority may by resolution: 
  1.16     (1) determine that a grade crossing on a highway under its 
  1.17  jurisdiction is dangerous to life or property to the extent that 
  1.18  additional safety devices are required, and identify the 
  1.19  additional safety devices necessary to make the crossing safe; 
  1.20  and 
  1.21     (2) require the railroad company to install the grade 
  1.22  crossing safety devices specified under clause (1) at the grade 
  1.23  crossing. 
  1.24     Subd. 3.  [GRADE CROSSING SURFACE REPAIR; LOCAL ACTIONS.] A 
  1.25  road authority may by resolution: 
  1.26     (1) determine that the surface of a grade crossing on a 
  2.1   highway under its jurisdiction does not comply with the standard 
  2.2   for grade crossing surfaces specified in section 219.071, 
  2.3   subdivision 1; and 
  2.4      (2) require the railroad company maintaining the grade 
  2.5   crossing to perform such work on the surface as to bring it into 
  2.6   compliance with that standard. 
  2.7      Subd. 4.  [NOTICE.] A road authority adopting a resolution 
  2.8   under subdivision 1 or 2 must mail to the railroad company named 
  2.9   in the resolution written notice within five days of the 
  2.10  adoption of the notice.  The date of the mailing is the date of 
  2.11  the notice.  The railroad company receiving the notice must 
  2.12  comply with the resolution within 120 days of receipt of the 
  2.13  notice.  If the railroad company fails to comply with the 
  2.14  resolution within the 120-day period, the road authority may 
  2.15  install and subsequently maintain the safety devices or perform 
  2.16  the necessary work on the grade crossing surface, as specified 
  2.17  in the resolution, and may enter onto the railroad company's 
  2.18  property to the extent necessary to perform the work. 
  2.19     Subd. 5.  [PAYMENT OF COSTS.] The cost of installing and 
  2.20  maintaining any grade crossing safety device required under 
  2.21  subdivision 2, and performing work on a grade crossing surface 
  2.22  under subdivision 3, must be apportioned between the road 
  2.23  authority and the railroad as mutually agreed between the 
  2.24  parties.  If the parties cannot reach agreement on apportionment 
  2.25  of these costs, either party may submit the matter to the 
  2.26  commissioner of transportation by filing with the commissioner a 
  2.27  statement setting forth the status of negotiations and 
  2.28  requesting the commissioner to make a final determination of the 
  2.29  dispute.  The commissioner, after notifying in writing the 
  2.30  parties involved in the negotiations and providing an 
  2.31  opportunity for the parties to participate in a conference, may 
  2.32  issue an order apportioning the costs between the parties.  The 
  2.33  order may provide for participation in the costs by the 
  2.34  commissioner from funds available to the commissioner under 
  2.35  section 219.071, subdivision 2, clauses (1) to (3).  An order 
  2.36  under this subdivision may be appealed in the same manner as 
  3.1   appeals under section 219.071, subdivision 5. 
  3.2      Subd. 6.  [DEVICES TO BE APPROVED.] Grade crossing safety 
  3.3   devices installed under this section must be of a type approved 
  3.4   by the commissioner under section 219.26.