Railroad quiet zones.

WORKING DRAFT
2008
STATE OF
WYOMING
08LSO-0246.E1

HOUSE BILL
NO.
HB0108

Railroad quiet zones.

Sponsored by:
Representative(s) Buchanan, Bagby, Berger, Blake, Brown, Diercks, Edwards, Esquibel, F., Iekel, Illoway, Lubnau, Martin, Mercer, Meyer, Millin, Semlek, Teeters and White and Senator(s) Anderson, J., Burns, Decaria, Hastert, Meier
,
Townsend
and Von Flatern

A BILL

for

AN ACT relating to railroads and public highway crossings; providing for the transportation commission to administer a program for the establishment of railroad quiet zones or
the installation of
wayside horns in the vicinity of grade crossings in populated areas as specified; creating a subaccount within the highway fund;
providing for a matching grant program;
requiring
a
report; providing an appropriation; and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.

W.S. 37
‑
10
‑
106 is created to read:

37
‑
10
‑
106.

Quiet zone and wayside horn program.

(a)

The commission shall administer a program, in conformity with the standards prescribed in 49 C.F.R.
Part
222, for the establishment of quiet zones or the installation of wayside horns to minimize the sounding of locomotive horns in populated areas.

(b)

Funds appropriated by the legislature for the program created by this section shall be maintained in a subaccount within the account established pursuant to W.S. 37
‑
10
‑
101 and shall be used only for the quiet zone and wayside horn program, but may be combined with other state and federal funds when a quiet zone or wayside horn is included as one of the safety devices to be installed in a grade crossing improvement project.

(c)

The commission shall establish a priority rating system for the establishment of quiet zones or the installation of wayside horns at grade crossings, giving due consideration to safety and other factors deemed relevant by the commission.

(d)

The commission shall establish through rule and regulation a matching grant program for the distribution of
funds in the subaccount created by this section which shall be subject to the following distribution limitations:

(i)

The commission shall arrange the assessed valuation of each county in descending order by county;

(ii)

The commission shall require the following matching percentages from counties:

(A)

For the bottom seven (7) counties in the list created in paragraph (i) of this subsection the commission shall require a twenty-five percent (25%) match;

(B)

For the middle eight (8) counties in the list created in paragraph (i) of this subsection the commission shall require a fifty percent (50%) match;

(C)

For the top eight (8) counties in the list created in paragraph (i) of this subsection the commission shall require a seventy-five percent (75%) match.

(
e
)

Except as provided in this section, expenditures from the wayside horn subaccount shall be subject to the provisions of this chapter.

(
f
)

The department of transportation shall annually report to the joint transportation, highways and military affairs interim committee by October 1 regarding the expenditure of funds from the subaccount created by this section, the number of quiet zones established and wayside horns installed and the status of the priority list and schedule for future quiet zone establishment and wayside horn installations.

Section 2.

(a)

Of the general fund appropriation to the transportation commission, contained in 2008 Senate File 0001, Section 2, Section 045
one million dollars ($1,000,000.00)
shall be deposited in
the subaccount created by W.S. 37
‑
10
‑
106(b).
The funds under this section
shall be for the period beginning with the effective date of this act and ending June 30, 2010.
The funds under this section
shall only be expended for the purpose of the quiet zone and wayside horn program established by this act. Notwithstanding any other provision of law,
the funds
shall not be transferred or expended for any other purpose and any unexpended, unobligated funds remaining from
the funds under this section
shall revert as provided by law on
June 30
, 2010.

(
b
)

The department of transportation shall include a request for funds in its 2011-2012 budget request to continue funding for the quiet zone and wayside horn program at levels provided under this act from funds deposited in the
abandoned mine land funds reserve
account.

Section
3
.

This act is effective July 1, 2008.

(END)

1
HB0108