Bill > HB933

This bill establishes the Montana Railroad Crossing Clarity Act, which provides a comprehensive framework for utilities to cross or place infrastructure within railroad rights-of-way and adjacent railroad land. The legislation defines key terms and sets clear guidelines for the crossing process, including requirements for notification, application, fees, and insurance. Utilities must submit a detailed crossing application at least 30 days before placement, accompanied by a certificate of insurance and a crossing fee (not to exceed $3,000 or $10 per linear foot). The bill limits additional charges by railroads, capping annual fees and establishing reasonable safety inspection costs. If a railroad objects to a proposed crossing, the parties must attempt to resolve the dispute through good-faith negotiations or arbitration. The legislation protects both utilities and railroads by prohibiting mechanic's liens, defining acceptable relocation conditions, and allowing for assignment of crossing rights under specific circumstances. Starting in January 2026, facility owners must file annual reports with the Department of Transportation detailing crossing agreements, insurance, and fees paid. The bill aims to create a more transparent and standardized process for utility crossings, balancing the interests of railroads and utility providers while ensuring safety and fair compensation.

Transportation and Infrastructure

https://bills.legmt.gov/#/laws/bill/2/LC2693