SF 1028

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to transportation; requiring Class I railroad carriers to file cost
information with the Department of Transportation; providing for publication of
railroad cost information; requiring the commissioner to survey Class I railroads
and representative rail shippers and submit biennial reports; appropriating
money; proposing coding for new law in Minnesota Statutes, chapter 174.

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

Section 1.

new text begin [174.56] REPORTS AND DISCLOSURE OF RAILROAD
INFORMATION.
new text end

new text begin Subdivision 1. new text end

new text begin Initial filing. new text end

new text begin No later than August 2008, a Class I railroad carrier
shall file with the commissioner information concerning its variable costs of operating
rail transportation from each point of arrival within this state to each point of destination
within this state that is served exclusively by the Class I carrier.
new text end

new text begin Subd. 2. new text end

new text begin Information to be furnished. new text end

new text begin With respect to each route connecting an
origin and destination within the meaning of subdivision 1, the Class I railroad carrier
shall furnish electronically to the commissioner:
new text end

new text begin (1) a statement of the variable cost components of operating each rail transportation
route;
new text end

new text begin (2) underlying documentation supporting the variable cost calculations and totals;
and
new text end

new text begin (3) a description of the carrier's policy and practice concerning review and
investigation of costs.
new text end

new text begin Subd. 3. new text end

new text begin Updated information. new text end

new text begin A Class I railroad carrier shall furnish to
the commissioner on a quarterly basis, according to a schedule established by the
commissioner, information and documentation to update the material filed under
subdivision 2 and any subsequent filings.
new text end

new text begin Subd. 4. new text end

new text begin Public inspection. new text end

new text begin The commissioner shall keep copies of the forms and
documents submitted under subdivision 2 and make them available for public inspection.
new text end

new text begin Subd. 5. new text end

new text begin Publication in State Register. new text end

new text begin On or before September 2008, and
every two years thereafter, the commissioner shall publish in the State Register the
information furnished by Class I railroad carriers that relates to variable costs, within the
meaning of subdivision 2, clause (1). The commissioner shall designate a 45-day public
comment period during which it will accept written comments concerning the published
information, to assist the commissioner in identifying inaccurate costs. Public comment
must be posted on the department's Web site.
new text end

new text begin Subd. 6. new text end

new text begin Penalty for failure to file information or for filing false information.
new text end

new text begin A Class I railroad carrier that willfully fails or refuses to furnish complete and truthful
information as required in this section is subject to a fine of $1,000,000 for each infraction.
Receipts under this subdivision are credited to the general fund.
new text end

Sec. 2.

new text begin [174.57] REPORT ON RAIL INFRASTRUCTURE AND RAILROAD
PERFORMANCE.
new text end

new text begin Not later than February 15, 2008, and every two years thereafter, the commissioner
of transportation shall submit a report on rail infrastructure and railroad performance to
the chairs of the house of representatives and senate committees with jurisdiction over
transportation policy and budget. The report must:
new text end

new text begin (1) summarize rail carriers' variable cost information and related public comment,
submitted under section 1;
new text end

new text begin (2) analyze the state's unmet needs for rail infrastructure expansion and maintenance;
new text end

new text begin (3) set forth the plans of each Class I railroad operating within this state for rail
infrastructure investment, based on a survey of representatives of the railroad companies;
new text end

new text begin (4) explain the department's plans for rail infrastructure investment;
new text end

new text begin (5) list average train speeds along rail routes within this state, based on a survey of
representatives of each Class I railroad and analysis of railroad records;
new text end

new text begin (6) review Class I railroad on-time delivery records, as reported to the department by
Class I railroad companies;
new text end

new text begin (7) list and review all rail accidents in the two-year period prior to the report,
including, but not limited to, accidents resulting in fatalities, environmental contamination,
air and water quality impacts, and damage to rail infrastructure; and
new text end

new text begin (8) analyze the results of a department survey of representative rail shippers
concerning:
new text end

new text begin (i) their experience with shipping freight to and from facilities in this state;
new text end

new text begin (ii) their identification of excessive rail shipping rates and any resulting adverse
economic consequences for rail customers in Minnesota, such as lost sales or reduced
profitability of sales of goods and products manufactured in Minnesota;
new text end

new text begin (iii) their designation of areas with limited or inadequate service; and
new text end

new text begin (iv) their analysis of adequacy of rail capacity in this state.
new text end

Sec. 3. new text begin APPROPRIATION.
new text end

new text begin $750,000 in the first year and $750,000 in the second year of the biennium are
appropriated to the commissioner of transportation from the general fund to implement the
requirements of this act.
new text end