00                      CS FOR HOUSE BILL NO. 136(TRA)                                                                    
01 "An Act relating to use of railroad easements."                                                                         
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1. AS 42.40.350(b) is amended to read:                                                                 
04 (b)  Railroad utility corridors shall be of a width at least 100 feet on both sides                                     
05 of the centerline of the extended main or branch line, unless the corporation does not                                  
06 own or control sufficient land to allow a corridor of that width. Railroad utility                                      
07 corridors may be surveyed by the metes and bounds method. The corporation may not                                       
08 convey its entire interest in land within a utility corridor except as provided in                                      
09 AS 42.40.285, 42.40.370(d) and 42.40.400. However, except as provided in                                            
10 AS 42.40.415, the corporation may lease, subject to AS 42.40.285 and (d) of this                                    
11 section, grant easements in or permits for, or otherwise authorize use of portions of a                                 
12 utility corridor for transportation, communication, and transmission purposes and                                       
13 support functions associated with those purposes, and for commercial and other uses                                     
14 authorized under this chapter if the use does not restrict other parallel uses of the                                   
15       utility corridor.                                                                                                 

01    * Sec. 2. AS 42.40.350(c) is amended to read:                                                                      
02 (c)  Except as provided in AS 42.40.415, the [THE] corporation may lease,                                           
03 subject to AS 42.40.285 and (d) of this section, grant easements in or permits for, or                                  
04 otherwise authorize use of portions of rail land. However, the corporation may not                                      
05 convey its entire interest in rail land except as provided in AS 42.40.285, 42.40.352,                                  
06       42.40.370(d), and 42.40.400.                                                                                      
07    * Sec. 3. AS 42.40 is amended by adding a new section to read:                                                     
08            Sec. 42.40.415. Use of easement. (a) Except as provided in (b) of this section,                            
09       the corporation may not charge a fee or require a permit for an owner of real property                            
10       subject to an easement in favor of the corporation to use the property in a manner that                           
11       does not unreasonably interfere with the corporation's use of the property.                                       
12 (b)  The corporation may require the owner of real property subject to an                                               
13 easement in favor of the corporation to obtain a permit from the corporation to                                         
14 construct a railroad crossing within the easement and may charge the owner a revenue-                                   
15 neutral fee associated with issuing the permit and developing and maintaining the                                       
16       crossing.