Railroad Crossing Maintenance Costs

The act requires the public utilities commission (commission) to adopt rules requiring that, unless the applicable road authority is a local government, the total costs to maintain an existing railroad crossing (total costs) are shared equally between the railroad, railroad corporation, rail fixed guideway, transit agency, or owner of the track (railroad) and the applicable road authority. If the applicable road authority is a local government, the commission must adopt rules that require the total costs to be apportioned as follows:

• The railroad is responsible for the costs to maintain the portion of the existing railroad crossing that is between the ends of the railroad ties; and
• The local government is responsible for the costs to maintain the portion of the existing railroad crossing that is outside of the ends of the railroad ties.

The act applies to costs accrued on or after the effective date of the act unless the costs accrue pursuant to an agreement entered into by the parties before the effective date of the act, which agreement provides for the distribution of the costs to be shared between the parties.

(Note: This summary applies to this bill as enacted.)