SB 652 Summary

• Repeals and replaces sections 389.585-389.591 relating to utility access to railroad right-of-way owned by land management companies rather than railroads.

• Sets a one-time standard crossing fee of $1,500 per crossing plus insurance modification costs and actual flagging expenses; utilities must also reimburse land management companies for direct expenses.

• Requires land management companies to forward utility crossing notices to railroads within two business days, with railroads having 30 days to approve or reject based on special circumstances; utilities may submit amended proposals if rejected.

• Utilities are responsible for bodily injury and property damage from crossing installation, maintenance, and repair; railroad or railroad corporation can require comprehensive general liability and railroad protective liability insurance naming them as insured.

• Provides for binding arbitration under American Arbitration Association rules if parties cannot agree on special circumstances; utilities may proceed with installation during arbitration if dispute concerns only compensation.