Railroad quiet zones.

WORKING DRAFT
2009
STATE OF
WYOMING
09LSO-0217.E1

HOUSE BILL
NO.
HB0096

Railroad quiet zones.

Sponsored by:
Representative(s) Buchanan,
Anderson
, R., Bagby, Blake, Esquibel, K., Gingery, Illoway, Semlek and Teeters and Senator(s)
Anderson
, J., Hunnicutt and Meier

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 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
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10
‑
106 is created to read:

37
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10
‑
106.

Quiet zone program.

(a)

The commission shall administer
a quiet
zone
program, in conformity with the standards prescribed in 49 C.F.R. Part 222, for the establishment of quiet zones
and
the installation of
equipment
to
eliminate

or
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
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10
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101 and shall be used only for the quiet zone program, but may be combined with other state and federal funds when quiet zone
program components are
included as one of the 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
and
the installation of
equipment
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
and the incorporated municipalities therein
:

(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 subaccount
created by this section
shall be subject to the provisions of this chapter.

(f)

Beginning October 1, 2010, the department of transportation shall annually report to the joint transportation, highways and military affairs interim committee by October 1 regarding the status of the equipment installation necessary to complete the quiet zone program.

Section 2.

(a)

There is appropriated from the general fund to the transportation commission five hundred thousand dollars ($500,000.00) which
shall be deposited in the subaccount created by W.S. 37
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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 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
exception
budget request to continue funding for the quiet zone
program
.

Section 3.

This act is effective July 1, 2009.

(END)

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HB0096