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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 - 2002
IN 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