View Daily Data Tracking History
View Bill Text
View Statement of Purpose / Fiscal Impact
H0536.....................................................by WAYS AND MEANS RAILROADS - Amends existing law to provide additional duties to the Public Utilities Commission to assure maintenance of sufficient yard switching or car handling facilities for any railroad operating in Idaho. 02/01 House intro - 1st rdg - to printing 02/04 Rpt prt - to Transp
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 536 BY WAYS AND MEANS COMMITTEE 1 AN ACT 2 RELATING TO DUTIES OF THE PUBLIC UTILITIES COMMISSION; AMENDING SECTION 3 61-509, IDAHO CODE, TO PROVIDE ADDITIONAL DUTIES TO ASSURE MAINTENANCE OF 4 SUFFICIENT YARD SWITCHING OR CAR HANDLING FACILITIES; AMENDING SECTION 5 62-424, IDAHO CODE, TO PROVIDE FOR HEARINGS AND FINDINGS BY THE COMMISSION 6 ON CURTAILMENT OF A SWITCHING YARD OR CAR HANDLING FACILITY; AND DECLARING 7 AN EMERGENCY. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Section 61-509, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 61-509. REGULATION OF TRAIN AND STREET CAR SERVICE. Whenever the commis- 12 sion, after a hearing had upon its own motion or upon complaint, shall find 13 that any railroad corporation or street railroad corporation does not run a 14 sufficient number of trains or cars, or possess or operate sufficient motive 15 power, or does not possess or maintain sufficient yard switching or car handl- 16 ing facilities, reasonably to accommodate the traffic, passenger or freight, 17 transported by or offered for transportation to it, or does not run its trains 18 or cars with sufficient frequency or at a reasonable or proper time having 19 regard to safety, or does not stop the same at proper places, or does not run 20 any train or trains, car or cars upon a reasonable time schedule for the run, 21 the commission shall have the power to make an order directing any such rail- 22 road corporation or street railroad corporation to increase the number of its 23 trains or of its cars or its motive power or its yard switching or car handl- 24 ing facilities or to change the time for starting its trains or cars, to 25 change the time schedule for the run of any train or car, or to change the 26 stopping place or places thereof or to make any other order that the commis- 27 sion may determine to be reasonably necessary to accommodate and transport the 28 traffic, passenger or freight, transported or offered for transportation. 29 SECTION 2. That Section 62-424, Idaho Code, be, and the same is hereby 30 amended to read as follows: 31 62-424. HEARING ON ABANDONMENT. (1) Whenever any railroad proposes to 32 abandon any branch line or main line now in operation within the state of 33 Idaho, the railroad shall file notice of the intended abandonment with the 34 public utilities commission. The public utilities commission shall schedule a 35 public hearing on the proposed abandonment. If the hearing results in a find- 36 ing by the commission that the abandonment of the branch line or main line 37 would adversely affect the area then being served and that there is reason to 38 believe that the closure would impair the access of Idaho communities to vital 39 goods and services and market access to those communities and that the line 40 has potential for profitability, then the public utilities commission shall 41 transmit a report of its findings to the United States surface transportation 2 1 board on behalf of the people of the state of Idaho. 2 (2) Whenever any railroad proposes to curtail switching activity in any 3 switching yard or car handling facility now in operation within the state of 4 Idaho, the closure of which may adversely affect the economic area then being 5 served, and there is reason to believe that the closure would impair Idaho 6 shippers and communities from adequately accessing markets and receiving 7 shipments of vital goods and services, and that the switching yard or car 8 handling facility has potential for profitability, then the public utilities 9 commission, upon its own motion or upon complaint, shall schedule a public 10 hearing on the proposed closure. Whenever the commission finds that the public 11 convenience and necessity would be impaired by the closure or curtailment of 12 switching activity, the commission shall have the power to make an order 13 directing any such railroad now operating in Idaho to maintain yard switching 14 or car handling facilities or to make any other order that the commission may 15 determine to be reasonably necessary to accommodate and transport the traffic 16 now transported or offered for transportation. 17 (3) The Idaho public utilities commission shall continue to intervene in 18 federal surface transportation board abandonment proceedings when necessary to 19 protect the state's interest. 20 SECTION 3. An emergency existing therefor, which emergency is hereby 21 declared to exist, this act shall be in full force and effect on and after its 22 passage and approval.
STATEMENT OF PURPOSE RS 11886 This legislation will amend Section 62-424, Idaho Code, to require the public utilities commission to hold a public hearing when a railroad company operating in Idaho proposes to close or significantly curtail a switching yard or car handling facility under certain conditions. It further amends Section 61-509, Idaho Code, to clarify the commission’s authority to issue an order to a railroad company to maintain sufficient switching facilities to accommodate and transport traffic at current levels, and declaring an emergency. FISCAL IMPACT None. Contact Name: Rep. Kent Kunz Phone: (208) 332-1000 STATEMENT OF PURPOSE/FISCAL NOTE H 536