PURPOSE: This rule prescribes regulations for the use of the Grade Crossing Safety Account created by section 1 of Senate Bill No. 765, 86th General Assembly, 2nd Regular Session (effective August 28, 1992).

1. (1) Use of the Grade Crossing Safety Account (account) to pay for installation, construction or reconstruction of automatic signals or other safety devices or other safety improvements at crossings of railroads and public roads, streets or highways may be initiated by a complaint of twenty-five (25) or more individuals filed with the Division of Transportation (division) within the Department of Economic Development, or by an application or complaint filed with the division by a governmental entity, railroad corporation, the division staff or any person who is a party to a proceeding under section 389.610, RSMo. Use of the account shall be limited as provided in section 1 of Senate Bill No. 765, 86th General Assembly, 2nd Regular Session (1992).
2. (2) In determining that portion of the costs proportioned to the state, county, municipality or other public authority in interest, for the installation, construction or reconstruction of automatic signals or other safety devices or other safety improvements at crossings of railroads and public roads, streets or highways, which the division orders to be paid out of the account pursuant to section 389.610, RSMo, the division shall compute those costs in accordance with the current Federal Highway Administration’s policy for reimbursement for railroad work.

3. (3) In all proceedings where the use of the account has been requested by any party, the division staff shall, and any other party to the proceeding may present evidence on each of the following matters:

   1. (A) The costs of the proposed installation, construction or reconstruction of the automatic signals or other safety devices or other safety improvements;
   2. (B) Whether any part of those costs can be paid from funds available under any federal program or federal-aid highway act;
   3. (C) The location of the crossing in question;
   4. (D) The amount of funds in the account and whether the expected expenditure called for will exceed the funds in the fiscal year in which the expenditure is to be made;
   5. (E) The approximate time for completion of the proposed installation, construction or reconstruction, the approximate date for a payout of the funds and the legal entity entitled to be reimbursed;
   6. (F) Whether or not interim payments should be made; and if so, the amount and conditions upon which those interim payments should be paid out; and
   7. (G) Whether any part of the costs of the installation, construction or reconstruction can be paid from the Grade Crossing Account, until all funds in the Grade Crossing Account created under Chapter 152, RSMo have been encumbered or expended.
4. (4) The division shall order the party responsible for the installation, construction or reconstruction to notify the division immediately upon completion of the ordered installation, construction or reconstruction. Within eight (8) months after completion, the party responsible for the installation, construction or reconstruction shall furnish a written report to the division on the costs actually involved. Railroad safety personnel of the division staff shall inspect the installation, construction or reconstruction to determine if it has been completed in accordance with the division’s order authorizing the work, and in conjunction with the division’s audit section shall review the reported costs and shall file with the division a report on the results of their review. Promptly after that the division shall issue its final order authorizing the state treasurer to pay out of the account, to the person or entity entitled, the amount determined by the division to be due and finally approved by the division, except that the division may order progress payments if it deems it advisable.
5. (5) The division staff shall keep an accurate account of all grade crossing projects for which account funds have been obligated, encumbered and paid, and shall report an annual accounting of the use of the funds each year in order that the information may be included in the division’s annual report.
6. (6) This rule shall govern all cases involving grade crossing safety improvements in which funds from the account are used, unless specifically ordered otherwise by the division.

AUTHORITY: section 622.027, RSMo 1986.* Original rule filed Nov. 4, 1992, effective July 8, 1993. *Original authority 1985.