Relating to the construction and maintenance of walkways in railroad yards, and providing penalties

The bill provides recommendations and requirements for the type of material used for the walkways. In addition, the bill requires that walkways be at least two feet wide, with cross slopes of not more than one inch of elevation for each eight inches of length in any direction. Walkways must have a reasonably uniform surface, be maintained in safe condition without compromising track drainage, and be kept reasonably free of spilled fuel oil, sand, posts, vegetation, nonballast rocks, and other hazards and obstructions. Following an administrative hearing, the department of transportation (DOT) may order a railroad corporation to construct a walkway or alter a preexisting walkway to conform with the new requirements where the lack of a walkway or the condition of a walkway poses a safety hazard to railroad employees. The bill excuses a railroad corporation from compliance with walkway requirements during maintenance activities, in the event of a derailment, during certain weather conditions, in certain seismic conditions, and for a reasonable time after such weather or seismic conditions subside to allow a return to compliance. The DOT may grant a waiver of any provision of the bill to a railroad corporation upon a showing of good cause, including but not limited to a showing that compliance with the bill will impose an undue hardship on the railroad corporation. A person who alleges a violation of the requirements of the bill must address the allegation with the railroad corporation by making a written complaint. If the railroad corporation does not respond to the complaint within 30 days, or does not resolve the alleged violation within 90 days, the person may file a formal complaint with the DOT. The DOT shall notify the railroad corporation of the complaint, and the railroad corporation has 30 days in which to respond, either by correcting the alleged violation or by contesting the complaint. If the railroad corporation contests the complaint, the DOT is required to inspect the area of the alleged violation. Upon a finding that a violation exists, the DOT must order the railroad corporation to correct the violation within 30 days of receipt of the order. If, following the inspection, the DOT finds that no violation exists, it must notify the parties to the complaint that the complaint is denied. A party to the complaint may appeal the DOT’s decision by filing an appeal with the department of inspections and appeals and judicial review of the decision of the department of inspections and appeals may be sought according to Code chapter 17A (Iowa administrative procedure Act). A violation of the bill’s provisions is a “schedule one” violation, punishable by a $100 fine for each day a violation exists.