71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 1064
Senate Bill 322
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Governor John A. Kitzhaber,
M.D., for Department of Transportation)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Defines private road-railroad crossing. Exempts such crossings
from most statutes governing railroad crossings.
Deletes references to unauthorized railroad-highway crossings.
Allows Department of Transportation to impose civil penalty for
violation of time limit for blocking railroad-highway grade
crossing.
A BILL FOR AN ACT
Relating to railroad crossings; creating new provisions; amending
ORS 824.200, 824.222, 824.224 and 824.242; and repealing ORS
824.236.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 824.200 is amended to read:
824.200. As used in ORS 824.200 to 824.256, unless the context
requires otherwise:
(1) 'High speed rail system' means a fixed guideway passenger
transportation system capable of transporting passengers at
speeds exceeding 79 miles per hour and connecting two or more
urban areas, including but not limited to any such system that
utilizes or incorporates, in whole or in part, existing rail
transportation facilities and any necessary upgrades of or
modifications to existing rail transportation facilities.
(2) 'Highway' includes all roads, streets, alleys, avenues,
boulevards, parkways and other places in this state actually open
and in use, or to be opened and used for travel by the public.
(3) 'Installation costs,' when used in the context of
protective devices, includes costs of acquiring, assembling and
rendering operational the device and its attendant controls,
circuitry and fail-safe mechanisms.
(4) 'Maintenance costs,' when used in the context of protective
devices, includes preventive maintenance, repair and replacement
of the device and its attendant controls, circuitry and fail-safe
mechanisms.
{ + (5) 'Private road-railroad crossing' means a crossing of
a private road and a railroad track, whether at grade or
separated, that is not authorized under ORS 824.204. + }
{ - (5) - } { + (6) + } 'Protective device' means a sign,
signal, gate or other device to warn or protect the public,
installed at or in advance of a railroad-highway crossing.
{ - (6) 'Unauthorized railroad-highway crossing' means a
crossing at grade which is actually open and in use, or to be
opened and used for travel by the public, and which has not been
authorized under ORS 824.204. - }
(7) { - Except in proceedings under ORS 824.236, - } 'Public
authority in interest' means the state, county, municipal or
other governmental body with jurisdiction over the highway
crossing the railroad track. { - In proceedings under ORS
824.236, ' public authority in interest' means that county,
municipal or other governmental body which has primary zoning
authority over the lands served by the crossing. - }
(8) 'Railroad' has the meaning given that term in ORS 824.020,
and includes logging and other private railroads.
(9) 'Railroad company' includes every corporation, company,
association, joint stock association, partnership or person, and
their lessees, trustees or receivers, appointed by any court
whatsoever, owning, operating, controlling or managing any
railroad.
SECTION 2. { + Section 3 of this 2001 Act is added to and made
a part of ORS chapter 824. + }
SECTION 3. { + Except as provided in ORS 824.224, ORS 824.200
to 824.256 do not apply to private road-railroad crossings. + }
SECTION 4. ORS 824.222 is amended to read:
824.222. (1) The power to fix and regulate the length of time a
public railroad-highway grade crossing may be blocked by railroad
equipment is vested exclusively in the state.
(2) Upon petition of the public authority in interest, or of
any railroad or upon the Department of Transportation's own
motion, the department shall, after due investigation and
hearing, unless hearing is not required under ORS 824.214, enter
an order fixing and regulating the length of time a public
railroad-highway grade crossing may be blocked by railroad
equipment.
(3) The time limits fixed by the department shall be maximum
time limits and shall be commensurate with reasonable
requirements of train and vehicular traffic operations.
(4) { - Violation of a time limit fixed by the department
under this section is punishable, upon conviction, by a fine of
not less than $100 nor more than $3,000 for each offense. - }
{ + The department may impose a civil penalty for violation of
the time limit fixed under this section in an amount not less
than $100 nor more than $5,000 for each violation. The civil
penalty shall be imposed in the manner provided by ORS
183.090. + }
SECTION 5. ORS 824.224 is amended to read:
824.224. (1) At every { - farm or private grade crossing of a
railroad - } { + private road-railroad crossing + } where no
automatic grade crossing protective device is installed, the
railroad shall cause to be installed and maintained, as a means
of protecting the crossing, one or more stop signs.
(2) The Department of Transportation shall, after hearing,
unless hearing is not required under ORS 824.214, prescribe the
number, type and location of the stop signs and may exempt a
{ - farm or private grade - } { + private road-railroad + }
crossing if the department finds that the installation of such
sign or signs at the crossing would create a hazard or dangerous
condition that would not otherwise exist.
(3) After notice to any affected landowner and opportunity for
a hearing, unless a hearing is not required under ORS 824.214,
the Department of Transportation may alter, relocate or close any
{ - farm or private grade - } { + private road-railroad + }
crossing on any line designated as a high speed rail system.
(4) If the department decides to alter, relocate or close a
{ - farm or private grade - } { + private road-railroad + }
crossing in such a manner as to constitute a taking of private
property, the department shall exercise its power of eminent
domain to acquire such property as is necessary to carry out the
decision. A department order under this subsection shall
constitute a resolution of necessity for exercise of the
department's power of eminent domain.
(5) If the department exercises its power of eminent domain
under subsection (4) of this section, the department shall use
any combination of state or federal funds allocated for high
speed rail systems to pay any settlement with or judgment in
favor of an owner of a { - farm or private grade - } { +
private road-railroad + } crossing. The department shall have
discretion to determine whether to reach a settlement with an
owner { - of a farm or private grade crossing - } .
(6) The costs of implementing a department order issued under
subsection (3) of this section shall be apportioned to any
combination of state or federal funds specifically allocated for
high speed rail systems as the department determines appropriate
in order to eliminate { - farm or private grade - } { +
private road-railroad + } crossings or to enhance safety at such
crossings.
SECTION 6. ORS 824.242 is amended to read:
824.242. In any grade crossing proceeding arising under ORS
824.204, 824.206 or 824.226, unless the parties agree otherwise,
installation costs of protective devices shall be apportioned as
follows:
(1) At an existing crossing, a crossing relocated pursuant to
ORS 824.206 or 824.226, or a crossing previously closed by order
of the Department of Transportation and reopened in a proceeding
under ORS 824.204:
(a) For devices to be installed at or in advance of the
crossing and which are activated immediately in advance of, and
during, each train movement over the crossing:
(A) Seventy-five percent to the Grade Crossing Protection
Account;
(B) Five percent to the public authority in interest; and
(C) Twenty percent to the railroad company.
(b) For devices which are primarily designed for the purpose of
illuminating the crossing or its approaches during hours of
darkness:
(A) Not less than 90 percent to the Grade Crossing Protection
Account;
(B) Not more than five percent to the public authority in
interest; and
(C) Not more than five percent to the railroad company for such
devices to be installed at the crossing.
(c) For all other protective devices:
(A) Seventy-five percent to the Grade Crossing Protection
Account; and
(B) Twenty-five percent to the public authority in interest for
such devices to be installed by it at or in advance of the
crossing; or
(C) Twenty-five percent to the railroad company for such
devices to be installed by it at the crossing.
(2) { - Except as provided in subsection (4) of this
section, - } At a new crossing requested by a public authority,
100 percent of the installation costs shall be paid by the public
authority in interest.
(3) { - Except as provided in subsection (4) of this
section, - } At a new crossing requested by a railroad company,
100 percent of the installation costs shall be paid by the
railroad company.
{ - (4) If the Department of Transportation converts an
unauthorized railroad-highway crossing to a crossing authorized
under ORS 824.204, the department shall apportion installation
costs of protective devices as provided in subsection (1) of this
section, or, if federal funds are available, installation costs
may be apportioned as provided in ORS 824.250. - }
SECTION 7. { + ORS 824.236 is repealed. + }
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