1. Definitions. As used in this section, unless the context otherwise requires:
a. “Commission” means the Iowa utilities commission.
b. “Crossing” means the construction, operation, repair, or maintenance of a facility over,
under, or across a railroad right-of-way by a public utility.
c. “Direct expenses” includes, but is not limited to, any or all of the following:
(1)The cost of inspecting and monitoring the crossing site.
(2)Administrative and engineering costs for review of specifications; for entering
a crossing on the railroad’s books, maps, and property records; and other reasonable
administrative and engineering costs incurred as a result of the crossing.
(3)Document and preparation fees associated with a crossing, and any engineering
specifications related to the crossing.
(4
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1. Definitions. As used in this section, unless the context otherwise requires:
a. “Commission” means the Iowa utilities commission.
b. “Crossing” means the construction, operation, repair, or maintenance of a facility over,
under, or across a railroad right-of-way by a public utility.
c. “Direct expenses” includes, but is not limited to, any or all of the following:
(1) The cost of inspecting and monitoring the crossing site.
(2) Administrative and engineering costs for review of specifications; for entering
a crossing on the railroad’s books, maps, and property records; and other reasonable
administrative and engineering costs incurred as a result of the crossing.
(3) Document and preparation fees associated with a crossing, and any engineering
specifications related to the crossing.
(4) Damagesassessedinconnectionwiththerightsgrantedtoapublicutilitywithrespect
to a crossing.
d. “Electric transmission owner” means an individual or entity who owns and maintains
electric transmission facilities including transmission lines, wires, or cables that are capable
of operating at an electric voltage of thirty-four and one-half kilovolts or greater that are
required for rate-regulated electric utilities, municipal electric utilities, and rural electric
cooperatives in this state to provide electric service to the public for compensation.
e. “Facility” means any cable, conduit, wire, pipe, casing pipe, supporting poles and guys,
manhole, or other material and equipment, that is used by a public utility to furnish any of
the following:
(1) Communications services.
(2) Electricity.
(3) Gas by piped system.
(4) Sanitary and storm sewer service.
(5) Water by piped system.
f. “Public utility” means a public utility as defined in section 476.1, except that, for
purposes of this section, “public utility” also includes all mutual telephone companies,
municipally owned facilities, unincorporated villages, waterworks, municipally owned
waterworks, joint water utilities, rural water districts incorporated under chapter 357A or
504, cooperative water associations, franchise cable television operators, persons furnishing
electricity to five or fewer persons, and electric transmission owners primarily providing
service to public utilities as defined in section 476.1.
g. “Railroad” or “railroad corporation” means a railroad corporation as defined in section
321.1, which is the owner, operator, occupant, manager, or agent of a railroad right-of-way or
the railroad corporation’s successor in interest. “Railroad” and “railroad corporation” include
an interurban railway.
h. “Railroad right-of-way” means one or more of the following:
(1) A right-of-way or other interest in real estate that is owned or operated by a railroad
corporation, the trustees of a railroad corporation, or the successor in interest of a railroad
corporation.
(2) A right-of-way or other interest in real estate that is occupied or managed by or on
behalf of a railroad corporation, the trustees of a railroad corporation, or the successor in
interest of a railroad corporation, including an abandoned railroad right-of-way that has not
otherwise reverted pursuant to chapter 327G.
(3) Anotherinterestinaformerrailroadright-of-waythathasbeenacquiredorisoperated
by a land management company or similar entity.
i. “Special circumstances” means either or both of the following:
(1) The existence of characteristics of a segment of railroad right-of-way or of a proposed
utility facility that increase the direct expenses associated with a proposed crossing.
(2) A proposed crossing that involves a significant and imminent likelihood of danger to
the public health or safety, or that is a serious threat to the safe operations of the railroad, or
to the current use of the railroad right-of-way, necessitating additional terms and conditions
associated with the crossing.
2. Rulemakingandstandardcrossingfee. Thecommission,inconsultationwiththestate
departmentoftransportation, shalladoptrulespursuanttochapter17Aprescribingtheterms
and conditions for a crossing. The rules shall provide that any crossing be consistent with
the public convenience and necessity and reasonable service to the public. The rules, at a
minimum, shall address the following:
a. The terms and conditions applicable to a crossing including, but not limited to, the
following:
(1) Notification required prior to the commencement of any crossing activity.
(2) A requirement that the railroad and the public utility each maintain and repair the
person’s own property within the railroad right-of-way, and bear responsibility for each
person’s own acts and omissions; except that the public utility shall be responsible for any
bodily injury or property damage that typically would be covered under a standard railroad
protective liability insurance policy.
(3) Theamountandscopeofinsuranceorself-insurancerequiredtocoverrisksassociated
with a crossing.
(4) A procedure to address the payment of costs associated with the relocation of
public utility facilities within the railroad right-of-way necessary to accommodate railroad
operations.
(5) Terms and conditions for securing the payment of any damages by the public utility
before it proceeds with a crossing.
(6) Immediate access to a crossing for repair and maintenance of existing facilities in case
of emergency.
(7) Engineering standards for utility facilities crossing railroad rights-of-way.
(8) Provision for expedited crossing, absent a claim of special circumstances, after
payment by the public utility of the standard crossing fee, if applicable, and submission of
completed engineering specifications to the railroad.
(9) Other terms and conditions necessary to provide for the safe and reasonable use of a
railroad right-of-way by a public utility, and consistent with rules adopted by the commission,
including any complaint procedures adopted by the commission to enforce the rules.
b. Unless otherwise agreed by the parties and subject to subsection 4, a public utility
that locates its facilities within the railroad right-of-way for a crossing, other than a crossing
along the public roads of the state pursuant to chapter 477, shall pay the railroad a one-time
standard crossing fee of seven hundred fifty dollars for each crossing. The standard crossing
fee shall be in lieu of any license or any other fees or charges to reimburse the railroad for
the direct expenses incurred by the railroad as a result of the crossing. The public utility
shall also reimburse the railroad for any actual flagging expenses associated with a crossing
in addition to the standard crossing fee.
3. Powers not limited.
a. Notwithstanding subsection 2, rules adopted by the commission shall not prevent a
railroad and a public utility from otherwise negotiating the terms and conditions applicable
to a crossing or the resolution of any disputes relating to such crossing.
b. Notwithstandingparagraph“a”, neitherthissubsectionnorthissectionshallimpairthe
authority of a public utility to secure crossing rights by easement pursuant to the exercise of
the power of eminent domain.
4. Special circumstances.
a. A railroad or public utility that believes special circumstances exist for a particular
crossing may petition the commission for relief.
(1) If a petition for relief is filed, the commission shall determine whether special
circumstances exist that necessitate either a modification of the direct expenses to be paid,
or the need for additional terms and conditions.
(2) The commission may make any necessary findings of fact and determinations related
to the existence of special circumstances, as well as any relief to be granted.
(3) A determination of the commission, except for a determination on the issue of
damages for the rights granted to a public utility with respect to a crossing, shall be
considered final agency action subject to judicial review under chapter 17A.
(4) The commission shall assess the costs associated with a petition for relief equitably
against the parties.
b. A railroad or public utility that claims to be aggrieved by a determination of the
commission on the issue of damages for the rights granted to a public utility with respect to
a crossing may seek judicial review as provided in subsection 5.
5. Appeals.
a. A railroad or public utility that claims to be aggrieved by the commission’s
determination of damages for rights granted to a public utility may appeal the commission’s
determination to the district court in the same manner as provided in section 6B.18 and
sections 6B.21 through 6B.23. In any appeal of the determination of damages, the public
utility shall be considered the applicant, and the railroad shall be considered the condemnee.
References in sections 6B.18 and 6B.21 to “compensation commission” mean the commission
as defined in this section, or appointees of the commission.
b. An appeal of any determination of the commission other than the issues of damages
for rights granted to a public utility shall be pursuant to chapter 17A.
6. Authority to cross — emergency relief.
a. Pending commission resolution of a claim of special circumstances raised in a petition,
a public utility may, upon securing the payment of any damages, and upon submission of
completed engineering specifications to the railroad, proceed with a crossing in accordance
with the rules adopted by the commission, unless the commission, upon application for
emergency relief, determines that there is a reasonable likelihood that either of the following
conditions exist:
(1) That the proposed crossing involves a significant and imminent likelihood of danger
to the public health or safety.
(2) 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.
b. If the commission determines that there is a reasonable likelihood that the proposed
crossing meets either condition, then the commission shall immediately intervene to prevent
the crossing until a factual determination is made.
7. Conflictingprovisions. NotwithstandinganyprovisionoftheCodetothecontrary, this
sectionshallapplyinallcrossingsofrailroadrights-of-wayinvolvingapublicutilityasdefined
in this section, and shall govern in the event of any conflict with any other provision of law.