Section 1202.5 Of Chapter 6. Railroad Crossings From California Public Utilities Code >> Division 1. >> Part 1. >> Chapter 6.
1202.5
. In prescribing the proportions in which the expense of
construction, reconstruction, alteration, or relocation of grade
separations shall be divided between railroad or street railroad
corporations and public agencies, in proceedings under Section 1202,
the commission, unless otherwise provided in this section, shall be
governed by the following standards:
(a) Where a grade separation project, whether initiated by a
public agency or a railroad, will not result in the elimination of an
existing grade crossing, located at or within a reasonable distance
from the point of crossing of the grade separation, the commission
shall require the public agency or railroad applying for
authorization to construct such grade separation to pay the entire
cost.
(b) Where a grade separation project initiated by a public agency
will directly result in the elimination of one or more existing grade
crossings, located at or within a reasonable distance from the point
of crossing of the grade separation, the commission shall apportion
against the railroad 10 percent of the cost of the project. The
remainder of such costs shall be apportioned against the public
agency or agencies affected by such grade separation.
(c) Where a grade separation project initiated by a railroad will
directly result in the elimination of an existing grade crossing,
located at or within a reasonable distance from the point of crossing
of the grade separation, the commission shall apportion 10 percent
of the cost, attributable to the presence of the highway facilities,
against the public agency or agencies affected by the project, and
the remainder thereof to the railroad or railroads applying for
authorization to construct such grade separation.
(d) Where the project consists of an alteration or reconstruction
of an existing grade separation for the purpose of increasing the
capacity of the structure for highway purposes, the commission shall
apportion 10 percent of the cost against the railroad and the balance
against the public agency or agencies affected by the grade
separation. There shall be no apportionment of cost to the railroad
if it did not bear any of the cost of the original project, in which
case the public agency or agencies shall pay 100 percent of the cost
of the alteration or reconstruction of the grade separation. An
allocation of funds set aside pursuant to Section 190 of the Streets
and Highways Code may be made for such a project notwithstanding
subdivision (d) of Section 2454 of the Streets and Highways Code.
Where the project consists of an alteration or reconstruction of
an existing grade separation for the purpose of increasing the
capacity of the structure for railway purposes, the commission shall
apportion 10 percent of the cost against the public agency or
agencies affected and the balance against the railroad applying for
authorization to alter or reconstruct the grade separation. There
shall be no apportionment of cost to the public agency or agencies if
the agency or agencies did not bear any of the cost of the original
project, in which case the railroad shall pay 100 percent of the cost
of the alteration or reconstruction of the grade separation.
(e) In the event the commission finds that a particular project
does not clearly fall within the provisions of any one of the above
categories, the commission shall make a specific finding of fact on
the relation of the project to each of the categories, and in
apportioning the costs, it shall assess against the railroad a
reasonable percentage, if any, of the cost not exceeding the
percentage specified in subdivision (b), dependent on the findings of
the commission with respect to the relation of the project to each
category. The remainder of such cost shall be apportioned against the
public agency or agencies affected by the project.
(f) In the event the commission finds that the respective shares
of any apportionment should be divided between two or more railroads
or two or more public agencies, the commission, to the extent that it
has jurisdiction to do so in a particular proceeding before it,
shall divide the shares between the railroads or the public agencies,
or both, on any reasonable basis, to be decided by the commission,
but in so doing shall follow the standards hereinabove prescribed for
apportionment between railroads and public agencies, respectively.
(g) The standards herein prescribed for apportionment of costs of
grade separations shall not be applicable where federal funds are
used. On such projects, the apportionments shall be in accordance
with federal law and the rules, regulations, and orders of the
federal agency administering such law, where applicable.
(h) No provision of this section or of the Public Utilities Code
shall be construed as in any way limiting the right of public
agencies or railroads to negotiate agreements apportioning costs of
grade separations, and the validity of any and all such agreements is
hereby recognized for all purposes regardless whether the method of
apportionment prescribed therein conforms to the standards
hereinabove prescribed.
As used in this section "public agency" includes a separation of
grade district, as well as the state, a county, city, or other
political subdivision.