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S.F. No. 2290 - Railroad Yard Lighting Standards Establishment
 
Author: Senator Jim Carlson
 
Prepared By: Krista Boyd, Senate Fiscal Analyst (651/296-7681)
 
Date: March 18, 2014



 

Section 1 is a new statutory section on railroad yard lighting.

Subdivision 1 requires railroads to maintain lighting that conforms to described standards between sunset and sunrise above switches in railroad yards.  The lighting must illuminate areas adjacent to tracks where railroad employees work on switching, inspection, and repair at least five days per week.  Maintenance standards are specified, and potential energy sources are stated.

Subdivision 2 excuses railroads from compliance with lighting requirements during and within a reasonable period after maintenance, derailments, or severe weather.

Subdivision 3 allows the Commissioner of Transportation to order a railroad to install or modify lighting near a track when employees who frequently work adjacent to a track are exposed to hazard resulting from inadequate lighting.  A railroad may appeal an order under this subdivision, subject to chapter 14 on administrative hearings.

Subdivision 4 creates a violation that consists of a railroad’s failure, under subdivision 3, to correct a violation or to appeal an adverse order.

Subdivision 5 provides that a complaining party must make a reasonable, good faith attempt to address the violation before filing a formal complaint against the railroad.

Subdivision 6 allows the Commissioner of Transportation, upon written request of a railroad, to waive any portion of this section if conditions do not reasonably permit compliance.  The commissioner’s decision must be based on an on-site inspection between sunset and sunrise of the area for which the waiver has been requested.

Subdivision 7 allows the Commissioner of Transportation to petition the attorney general to sue a railroad that is noncompliant with an order against it under subdivision 3. 

Subdivision 8 prescribes a penalty to be imposed against a railroad, of up to $500 for each violation of this section.

Subdivision 9 states that the lighting standards in this section are minimum standards and a railroad is not precluded from providing lighting that exceeds the stated requirements.  This section applies only to Class One and Class Two railroad common carrier railroad yards.  Railroad yards that have lighting before July 1, 2014, are deemed compliant with the standards in this bill.

This section is effective November 1, 2016.

Section 2 is a new statutory section on Made in Minnesota solar installations.

Subdivision 1 defines “Made in Minnesota” and “solar photovoltaic module” by reference to existing statutory definitions in other chapters.

Subdivision 2 requires railroads that engage in any construction or maintenance project in Minnesota that involves installation of solar photovoltaic modules, to utilize modules that are “Made in Minnesota.”

Subdivision 3 provides exemptions from the “Made in Minnesota” requirement based on federal procurement law, availability constraints, and need to comply with federal laws and regulations.

 BB/KB:rer

 
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