Sec. 1.3. (a) An ordinance that would be permitted under section 1(e) of this chapter, as added by P.L.101-1993, that was adopted before April 27, 1993:
(1) is legalized; and
(2) may be enforced on May 12, 1993.
(b) The Indiana department of transportation shall conduct a review of crossing safety levels at all crossings to which an ordinance legalized under this section applies.
(c) If the Indiana department of transportation finds, based upon the results of the department's review under subsection (b), that the crossing safety level at a crossing to which an ordinance legalized under this section applies creates an undue risk of harm to the public, the department shall, after consulting with the railroad and the municipality, develop a program to increase crossing safety to an acceptable level, as determined by the department, at the crossing.
(d) A program to increase crossing safety under subsection (c) must be decided after an evaluation of all remedies available to the Indiana department of transportation and the costs and benefits of each remedy. The department must consider the following in an evaluation of the costs and benefits of each remedy upon the municipality:
(1) The degree to which the remedy is likely to increase safety at the crossing.
(2) The economic impact of the cost of the remedy, including possible cost-sharing mechanisms.
(3) The impact of the remedy upon the environment in the municipality.
As added by P.L.220-2011, SEC.194. Amended by P.L.69-2013, SEC.3.
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