HSB 694

Under current law, a public utility that locates its facilities within the railroad right-of-way for a crossing is required to pay the railroad a one-time standard crossing fee of $750 for each crossing. A “crossing” means the construction, operation, repair, or maintenance of a facility over, under, or across a railroad right-of-way by a public utility. The standard crossing fee is not required under certain circumstances, including as agreed by the parties, pursuant to a determination by the Iowa utilities board (IUB) for special circumstances, or where the crossing is along the public roads of the state pursuant to Code chapter 477 (telegraph and telephones —— cable systems). Under IUB administrative rules, the standard crossing fee is not required for the relocation of public utility facilities if the relocation is required by the railroad. “Railroad” is defined to include a railroad corporation’s successor in interest. This bill increases the standard crossing fee to $1,500 if the railroad right-of-way is owned, operated, occupied, or managed by a railroad corporation’s successor in interest. The bill requires the public utility to pay the fee to a railroad no later than days after the crossing or a final decision in a proceeding relating to the fee, whichever is later. The bill provides that if the public utility fails to pay the standard crossing fee to a railroad corporation’s successor in interest as required under the bill, the public utility is required to pay the railroad corporation’s successor in interest $4,500, which is in addition to the standard crossing fee, plus reasonable attorney fees and court costs incurred by the railroad corporation’s successor in interest to obtain the standard crossing fee.