SB159 Summary

• Establishes a procedure for telecommunications providers and network infrastructure owners to deploy broadband and telecommunications facilities across railroad right-of-ways, including crossings and parallel installations up to one mile.

• Requires applicants to submit a completed crossing application electronically with engineering designs conforming to National Electric Safety Code or American Railway Engineering standards, accompanied by a $500 standard crossing fee and proof of insurance.

• Permits construction to commence 35 calendar days after receipt of a complete application, and prohibits railroads from charging additional licensing, permit, or processing fees beyond the standard crossing fee.

• Allows railroads to object to crossings only if they pose a serious threat to railroad safety or operations, with disputes resolved through circuit court within 21 days; either party may petition if objections cannot be resolved through good faith negotiation.

• Specifies insurance requirements ranging from $2 million to $5 million in commercial general liability coverage depending on the type of provider, and allows railroads to require relocation of facilities only when operationally necessary and not arbitrary or unreasonable.