South Dakota 2023 Regular Session

South Dakota House Bill HB1126

Introduced
1/25/23  

Caption

Revise the fee for a utility to cross a railroad right-of-way.

Impact

The implications of this bill for state laws are significant; it amends existing regulations to standardize costs associated with utility crossings over railroad tracks. By establishing a clear, singular fee structure, the bill aims to enhance the transparency of regulations governing railroad interactions. Additionally, the bill stipulates that no other fees for licenses, permits, or processing can be assessed by railroads, which could lead to a shift in how transactions are managed between utility companies and railroad operators.

Summary

House Bill 1126 addresses the fees applicable for utilities that cross railroad right-of-ways in South Dakota. The bill proposes a revision to existing statutes, particularly adjusting the one-time standard crossing fee that utilities are required to pay when crossing railroad tracks outside of public rights-of-way. The new fee is set at fourteen hundred dollars, an increase from the previous amount of seven hundred fifty dollars. This fee is intended to cover all associated expenses, simplifying the payment process for utilities while ensuring that railroads are compensated for the impact of these crossings.

Contention

Although the bill has been generally well-received, there are potential points of contention among stakeholders. Utilities may have mixed feelings about the increased fee, whereas railroad companies may view this move as necessary to manage the expenses associated with maintaining their infrastructure. Additionally, the discussion surrounding the fairness and adequacy of this fee might arise, especially among utility companies who could argue that the increased cost places an additional financial burden on their operations. As discussions progress within the legislative assembly, it is likely that these viewpoints will play an essential role in shaping future amendments or stipulations in the bill.

Companion Bills

No companion bills found.

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