HB 1362 Summary

• Establishes a statutory framework allowing utilities to cross railroad rights of way upon payment of a one-time standard crossing fee of $750 per crossing, plus reasonable flagging expenses based on railroad traffic.

• Requires utilities to provide 30 days' notice with a completed crossing application sent by registered mail, and authorizes construction to commence 35 days after the railroad receives the application unless the railroad objects in writing based on safety concerns.

• Prohibits railroads from assessing any fees beyond the $750 crossing fee and reasonable flagging expenses, including charges for permits, licenses, or compensation for diminution in land value (unless certified appraisal demonstrates value loss exceeding the crossing fee).

• Establishes a dispute resolution process through the Public Utilities Commission for railroads objecting to crossings or imposing additional requirements based on special circumstances, with 30-day petition deadlines and commission hearings within 15 days.

• Requires utilities to carry commercial general liability insurance ranging from $1-5 million per occurrence depending on utility type, maintain the insurance only during construction/repair periods, and prohibits mechanic's liens against railroad property.