Railroad Legal Issues and Resources (2015)

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136 XXXIII. PUBLIC SERVICE COMMISSIONS 730 A. Introduction 730 Although states have established Public Service Commissions (PSC), PUC, or the equivalent to regulate public service corporations, the state commissions’ duties are more limited with respect to railroads because of federal preemption.640 Nevertheless, as discussed in Section B, states may participate in the investigation and enforcement of federal railroad safety laws and regulations. Sections C through H discuss some of the state commissions. Section I analyzes whether a PUC or the STB has jurisdiction over the installation of new railroad bridges prior to charging railroads for their construction. Section J discusses a case in which it was held that a PUC may not authorize a change in audible devices that is contrary to federal statutory authority. Statutes and Regulations 731 B. State Enforcement of Federal Railroad Safety Regulations 731 The federal government offers states through FRA the opportunity to participate in federal investigative and enforcement activities in accordance with the standards and procedures for participation in 49 U.S.C. part 212. C. California Public Utilities Commission 732 The California Public Utilities Commission must consent before any road may be built across any railroad track, and a railroad company must receive the Commission’s consent to construct a railroad track across any road.641 D. Florida Public Service Commission 733 When the railroad industry was deregulated in 1985, the Florida Public Service Commission ceased having jurisdiction over railroads.642 640 Interstate Commerce Commission Termination Act of 1995 (ICCTA), PL 104–88, 109 Stat. 803 (codified as amended in scattered sections of Title 49 of the United States Code); Hazardous Materials Safety Act (HMSA), Pub. L. No. 93-633, 88 Stat. 2156 (Jan. 3, 1975) (codified as amended at 49 U.S.C. §§ 5101–5128 (2014)); and the Federal Railroad Safety Act, Pub. L. No. 91-458, 84 Stat. 971 (Oct. 16, 1970) (codified as amended at 49 U.S.C. §§ 20101–21311 (2014)). 641 CAL. PUB. UTIL. CODE § 1201 (2014). 642 Florida Public Service Commission, available at http://www.floridapsc.com/about/history.aspx (last accessed Mar. 31, 2015).

137 E. Illinois Commerce Commission 733 The ICC, which supervises all public utilities in Illinois, including transportation, has jurisdiction to enforce and administer laws establishing general safety requirements for railroad tracks, facilities, and equipment in Illinois.643 No public roads may be built across a railroad track, nor may a railroad track be constructed across a public road, without the ICC’s prior permission.644 F. North Dakota State Public Service Commission 734 The North Dakota State Public Service Commission has jurisdiction over the rights of landowners in North Dakota, such as fencing along railroad rights-of-way, the sale of land adjacent to abandoned railroad rights-of-way, and leasing rates on property owned by railroads.645 G. West Virginia Public Service Commission 735 The West Virginia Public Service Commission’s railroad safety section in the transportation enforcement division is responsible for administering federal and state safety regulations that govern rail transportation.646 H. Wisconsin Public Service Commission 736 The Public Service Commission of Wisconsin retains jurisdiction to enforce federal regulations that apply to railroad services, to conduct fact-finding investigations on railroad practices, and to represent the interests of the state and its residents before the STB.647 643 220 ILL. COMP. STAT. 5/4-101 (2014). See Illinois Commerce Commission, available at http://www.icc.illinois.gov/railroad/ (last accessed Mar. 31, 2015). 644 625 ILL. COMP. STAT. 5/18c-7401(3) (2014). 645 North Dakota Public Service Commission, Jurisdiction: Railroad, available at http://www.psc.nd.gov/jurisdiction/railroad/index.php (last accessed Mar. 31, 2015). See N.D. CENT. CODE, §§ 49-09-04, 49-09-04.1, 49-09-11, and 49-11-24 (2014). 646 Public Service Commission of West Virginia, Transportation Administration Division, available at: http://www.psc.state.wv.us/div/trans.htm (last accessed Mar. 31, 2015). See W. VA. CODE §§ 24-2-1 and 24-2-1a (2014). 647 Public Service Commission of Wisconsin, PSC Overview, available at http://psc.wi.gov/aboutUs/organization/PSCoverview.htm (last accessed Mar. 31, 2015). See WIS. STAT. § 196.02(1) (2014).