Summary of Original Version

Create a new section of KRS Chapter 277 to require each railroad company to destroy or remove obstructive vegetation at intersections with public roads or highways; direct the Transportation Cabinet or local government to remove obstructive vegetation if the railroad company fails to do so after receiving written notice from the cabinet or local government; establish procedures for reimbursement by the railroad company for the vegetation removal.

Summary of Amendment: House Committee Substitute 1

Summary Retain original provisions, except change the distance of required vegetation removal from 600 feet to 250 feet in each direction upon a right-of-way at each public rail-highway grade crossing that is more than 30 inches and less than 20 feet above the height of the crossing, within 20 feet of the nearest rail, and within 200 feet of the centerline of the roadway; provide that a railroad company shall not be authorized or required to enter private property to remove obstructive vegetation; allow a railroad company to petition the Transportation Cabinet to waive or modify obstructive vegetation removal requirements when the terrain or other conditions make removed impossible, impractical, or unnecessary by written notice and allow the cabinet to deny or modify the written notice within 60 days; if a railroad fails to remove obstructive vegetation and receives written notice that vegetation must be removed within 30 days; provide that the cabinet or local government shall coordinate a mutually agreeable time to access the railroad right-of-way to remove obstructive vegetation pursuant to the railroad's safety processes and that a railroad company shall be and remain in compliance with obstructive vegetation removal by January 1, 2029.

Summary of Amendment: Senate Committee Substitute 1

Summary Retain original provisions, except require obstructive vegetation removal from 250 feet of the centerline of the roadway where it intersects the nearest track, instead of 200 feet; require a local government contact a railroad company's agent; provide that the requirements in the section constitute the sole standards for all vegetation removal, unless superseded by federal law or regulation.