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 1                       SECTION 26
 2
 3     TO AMEND SECTION 58-15-2110, OF THE  1976 CODE, RELATING TO THE CONSTRUCTION AND MAINTENANCE OF
 4     GRADE CROSSINGS BY RAILROADS, SO AS TO PROVIDE FOR RESPONSIBILITY FOR ALL COSTS ASSOCIATED
 5     WITH CONSTRUCTION, MODIFICATION, OR RELOCATION OF RAIL-HIGHWAY GRADE CROSSINGS WHEN SUCH
 6     RELOCATION PROJECTS ARE INITIATED BY RAILROADS, AND WHEN SUCH RELOCATION PROJECTS ARE
 7     INITIATED BY A PUBLIC AUTHORITY; AND TO AMEND SECTION 58-15-2120, AS AMENDED, RELATING TO THE
 8     DEPARTMENT OF TRANSPORTATION MAKING SPECIFICATIONS AND ENTERING INTO AGREEMENTS
 9     CONCERNING GRADE CROSSINGS OF STATE HIGHWAYS, SO AS TO ELIMINATE THE REQUIREMENT THAT THE
10     OPERATOR OR A RAILROAD CONSTRUCTING AND MAINTAINING RAILROAD CROSSINGS TO MEET
11     SPECIFICATIONS OF THE DEPARTMENT OF TRANSPORTATION DO SO AT ITS OWN EXPENSE.
12
13     A.  Section 58-15-2110 of the 1976 Code is amended to read:
14
15           "Section 58-15-2110.  (A) Whenever the public safety, convenience, or necessity so requires, all operators of railroads which are now
16     or hereafter shall be crossed at grade by a public highway shall construct and maintain grade crossings meeting the requirements of the
17     authorities responsible for such highways. This shall apply to crossings necessary for new highways, as well as to crossings needed to
18     replace existing crossings rendered obsolete or unnecessary by the relocation or improvement of existing highways or roads.
19           (B) The involved railroad shall be responsible for all costs associated with construction, modification, or relocation of rail-highway
20     grade crossings when such construction, modification, or relocation results from projects initiated by the railroad.  Such railroad-initiated
21     projects shall include, but are not limited to, constructing a new line, adding an additional track to an existing line, and relocating an
22     existing rail line.
23           (C) The public authority responsible for a highway crossing a railroad track or tracks shall reimburse the involved railroad for all costs
24     that railroad incurs by virtue of construction, modification, or relocation of rail-highway grade crossings when such construction,
25     modification, or relocation results from projects initiated by the public authority. A public authority is limited to the State Department of
26     Transportation, which is required to reimburse the railroad for Department of Transportation authorized projects from within the funds
27     appropriated to the Department of Transportation by the General Assembly.  Such public authority-initiated projects are limited to
28     constructing a new highway, widening an existing highway, and relocating an existing highway."
29
30     B.  Section 58-15-2120 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
31
32           "Section 58-15-2120.  In case of grade crossings of state highways over such railroads, the Department of Transportation, after due
33     notice to the railroad, corporation, or operator, and hearing the railroad or operator involved, if application is made for such a hearing
34     within ten days after receipt of the notice and after finding that the public safety, convenience, or necessity require it, shall have the power
35     to specify the character of the grade crossings, and the operator of the railroad shall, at its own expense, construct and maintain the



       PART II                                                        PAGE 554

 1     crossings to meet the specifications of the Department of Transportation; provided, however, that the power to specify the character of
 2     grade crossings granted in this section shall not extend beyond five feet on either side of the center line of the track; provided, further, that
 3     the Department of Transportation shall have the power, in matters relating to such grade crossings, now pending or hereafter arising, to
 4     enter into such agreements with operators of railroads pertaining to the construction thereof as in its judgment may be to the best interest
 5     of the State, and to agree to pave the area across the tracks after the area is otherwise prepared for paving by the operator of the railroad.
 6     The Department of Transportation, with the advice and consent of the Attorney General, may waive any and all claims for penalties now
 7     existing, upon entry into such agreements."
 8