Railroads, local governments and law‑enforcement clash over proposed crossing/ROW bills; committee asks for rewrite

Two draft bills intended to standardize the process and fees for utilities and other users seeking access to railroad rights‑of‑way produced sharply divided testimony before the committee. Rail labor and operators warned that expedited timeframes, mandatory arbitration and caps could imperil safety and amount to an unconstitutional taking of private property. "This would increase safety concerns and expose our members to unqualified personnel working around railroad property," Chris Malone of the Brotherhood of Locomotive Engineers and Trainmen said.BNSF and several short‑line railroads described major legal and operational objections — alleging federal preemption where the bills seek to regulate activity on railroad property — and warned that the drafts would undermine private agreements and disrupt long‑standing working relationships. Matt Jones of BNSF called several provisions "unreasonable, unconstitutional and unsafe" and said railroads are willing to continue negotiated reforms but cannot do so under the threat of a statute that undermines safety standards.Local governments and infrastructure developers said they need predictable timelines, published fees and an operational framework because inconsistent processes and large, variable charges have delayed routine municipal upgrades. Jennifer Olson of the Montana League of Cities and Towns said draft provisions offer a workable framework and that other states have enacted similar measures; she asked the committee to pursue clarified language to protect safety while creating predictability.In committee discussion members expressed alarm at safety and property‑rights concerns but also acknowledged widespread municipal complaints about cost and delay. The chair and members asked staff and stakeholders to refine section 4 (how the bill treats "public right of way" intersections with railroad right of way) to make explicit that nothing in the bill allows crossing active railroad track without railroad consent and safety protections. The committee left the drafts pending further stakeholder work rather than moving them forward.