Grade Crossing Safety Account

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). PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here. (1) In the division’s determination of the costs to be apportioned 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 grade crossing safety account (account) pursuant to section 389.610, RSMo, the division will compute those costs in accordance with Title 23, Code of Federal Regulations (CFR), Part 140, Subpart I and 23 CFR Part 646, Subpart B, which is incorporated by reference and made a part of this rule as published October 1, 2016 by the Federal Highway Administration, United States Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590. This rule does not incorporate any subsequent amendments or additions of this rule. (2) When the division considers making payments from the account for safety devices or other safety improvements at railroad and highway crossings, the division staff may consider the following information: (A) The costs of the proposed installation, construction, or reconstruction of the automatic signals or other safety devices or other safety improvements; (B) Whether any part of those costs can be paid from funds available under any federal program or federal-aid highway act; (C) The location of the crossing in question; (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; (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; and (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. (3) The party responsible for the installation, construction, or reconstruction project shall notify the division immediately upon project completion and eight (8) months after completion, furnish a written report to the division on the costs actually involved. Division staff may inspect the project to determine if it has been completed in accordance with the division’s order authorizing the work, review the reported costs, and complete a report on the results of their review. Promptly after that, the division may issue its final payment request 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 payable, including progress payments. AUTHORITY: section 622.027, RSMo 2016.* This rule originally filed as 4 CSR 265-8.071. Original rule filed Nov. 4, 1992, effective July 8, 1993. Moved and amended: Filed March 9, 2018, effective Oct. 30, 2018. *Original authority: 622.027, RSMo 1985, amended 1993, 1995.