2002 Legislation
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HOUSE BILL NO. 659 – RR, switching yard/car handling

HOUSE BILL NO. 659

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Daily Data Tracking History



H0659.....................................................by WAYS AND MEANS
RAILROADS - Amends existing law to provide for hearings and findings of the
Public Utilities Commission on curtailment of a switching yard or car
handling facility.
                                                                        
02/19    House intro - 1st rdg - to printing
02/20    Rpt prt - to Transp

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 659
                                                                        
                                BY WAYS AND MEANS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE DUTIES OF THE PUBLIC UTILITIES  COMMISSION;  AMENDING  SECTION
  3        62-424, IDAHO CODE, TO PROVIDE FOR HEARINGS AND FINDINGS OF THE COMMISSION
  4        ON CURTAILMENT OF A SWITCHING YARD OR CAR HANDLING FACILITY; AND DECLARING
  5        AN EMERGENCY.
                                                                        
  6    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  7        SECTION  1.  That  Section  62-424, Idaho Code, be, and the same is hereby
  8    amended to read as follows:
                                                                        
  9        62-424.  HEARING ON ABANDONMENT. (1) Whenever  any  railroad  proposes  to
 10    abandon  any  branch  line  or  main line now in operation within the state of
 11    Idaho, the railroad shall file notice of the  intended  abandonment  with  the
 12    public  utilities commission. The public utilities commission shall schedule a
 13    public hearing on the proposed abandonment. If the hearing results in a  find-
 14    ing  by  the  commission  that the abandonment of the branch line or main line
 15    would adversely  affect the area then being served and that there is reason to
 16    believe that the closure would impair the access of Idaho communities to vital
 17    goods and services and market access to those communities and  that  the  line
 18    has  potential  for  profitability, then the public utilities commission shall
 19    transmit a report of its findings to the United States surface  transportation
 20    board on behalf of the people of the state of Idaho.
 21        (2)  Whenever  any  railroad proposes to curtail switching activity in any
 22    switching yard or car handling facility now in operation within the  state  of
 23    Idaho,  the closure of which may adversely affect the economic area then being
 24    served, and there is reason to believe that the  closure  would  impair  Idaho
 25    shippers and communities from adequately accessing markets and receiving ship-
 26    ments of vital goods and services, and that the switching yard or car handling
 27    facility  has  potential  for profitability, then the public utilities commis-
 28    sion, upon its own motion or upon complaint, may schedule a public hearing  on
 29    the  proposed  closure.  If the hearing results in a finding by the commission
 30    that the closure or curtailment would adversely affect the economic area  then
 31    being  served,  the public utilities commission shall transmit a report of its
 32    findings to the members of the congress of the United States representing  the
 33    state of Idaho and the governor of the state of Idaho.
 34        (3)  The  Idaho public utilities commission shall continue to intervene in
 35    federal surface transportation board abandonment proceedings when necessary to
 36    protect the state's interest.
                                                                        
 37        SECTION 2.  An emergency existing  therefor,  which  emergency  is  hereby
 38    declared to exist, this act shall be in full force and effect on and after its
 39    passage and approval.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                            RS 12104C1

This legislation will amend Section 62-424, Idaho Code, to allow
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.  The public utilities commission shall
transmit a report of their findings to the Idaho congressional
delegation and to the Governor.

                          FISCAL IMPACT
None.


Contact
Name: Rep. Kent Kunz 
Phone: (208) 332-1000




STATEMENT OF PURPOSE/FISCAL NOTE                H 659