Print Friendly HOUSE BILL NO. 659 – RR, switching yard/car handling
HOUSE BILL NO. 659
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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
02/19 House intro - 1st rdg - to printing
02/20 Rpt prt - to Transp
|||| 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
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.
Name: Rep. Kent Kunz
Phone: (208) 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 659