Section 824.242 - Apportionment of costs for installation of protective devicesIn any grade crossing proceeding arising under ORS 824.204, 824.206 or 824.226, unless the parties agree otherwise, installation costs of protective devices shall be apportioned as follows:
(1) At an existing crossing, a crossing relocated pursuant to ORS 824.206 or 824.226, or a crossing previously closed by order of the Department of Transportation and reopened in a proceeding under ORS 824.204: (a) For devices to be installed at or in advance of the crossing and which are activated immediately in advance of, and during, each train movement over the crossing: (A) Seventy-five percent to the Grade Crossing Protection Account;(B) Five percent to the public authority in interest; and(C) Twenty percent to the railroad company.(b) For devices which are primarily designed for the purpose of illuminating the crossing or its approaches during hours of darkness:(A) Not less than 90 percent to the Grade Crossing Protection Account;(B) Not more than five percent to the public authority in interest; and(C) Not more than five percent to the railroad company for such devices to be installed at the crossing.(c) For all other protective devices:(A) Seventy-five percent to the Grade Crossing Protection Account; and(B) Twenty-five percent to the public authority in interest for such devices to be installed by it at or in advance of the crossing; or(C) Twenty-five percent to the railroad company for such devices to be installed by it at the crossing.(2) Except as provided in subsection (4) of this section, at a new crossing requested by a public authority, 100 percent of the installation costs shall be paid by the public authority in interest.(3) Except as provided in subsection (4) of this section, at a new crossing requested by a railroad company, 100 percent of the installation costs shall be paid by the railroad company.(4) If the Department of Transportation converts an unauthorized railroad-highway crossing to a crossing authorized under ORS 824.204, the department shall apportion installation costs of protective devices as provided in subsection (1) of this section, or, if federal funds are available, installation costs may be apportioned as provided in ORS 824.250.