BILL NUMBER: AB 1249	AMENDED
	BILL TEXT

	AMENDED IN SENATE  SEPTEMBER 6, 2001
	AMENDED IN SENATE  JULY 19, 2001
	AMENDED IN SENATE  JULY 2, 2001
	AMENDED IN ASSEMBLY  MAY 1, 2001

INTRODUCED BY   Assembly Member Daucher
   (Principal coauthor:  Senator Ackerman)

                        FEBRUARY 23, 2001

   An act to amend Section 1202 of the Public Utilities Code,
relating to public utilities.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1249, as amended, Daucher.   Railroad crossings:  pilot
projects.
   Existing law requires that an audible warning device be sounded
from a locomotive engine at least 1,320 feet before the intersection
of the railroad and a street, road, or highway, with certain
exceptions.  Existing law imposes a civil fine on a railroad
corporation that violates this provision and makes it a misdemeanor
for a person in charge of a locomotive engine to fail to sound the
warning.  Existing law authorizes the commission to authorize on an
application by application basis, and supervise, the operation of
pilot projects to evaluate proposed crossing warning devices or new
technology, and states the intent of the Legislature that the
commission may authorize pilot projects to test the utility and
safety of stationary, automated audible warning devices in the
communities of Roseville and Lathrop.
   This bill would also authorize the commission to authorize pilot
projects to evaluate other additional safety measures.  The bill
would modify the statement of legislative intent to include pilot
projects to test the utility and safety of stationary, automated
audible warning devices in additional specified communities and in
any other location determined to be suitable by the commission, and
to authorize, until January 1,  2004   2003
 , supplementary safety measures, as defined, for use on rail
crossings.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:  no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 1202 of the Public Utilities Code is amended to
read:
   1202.  The commission has the exclusive power:
   (a) To determine and prescribe the manner, including the
particular point of crossing, and the terms of installation,
operation, maintenance, use, and protection of each crossing of one
railroad by another railroad or street railroad, and of a street
railroad by a railroad, and of each crossing of a public or publicly
used road or highway by a railroad or street railroad, and of a
street by a railroad or of a railroad by a street.
   (b) To alter, relocate, or abolish by physical closing any
crossing set forth in subdivision (a).
   (c) To require, where in its judgment it would be practicable, a
separation of grades at any crossing established and to prescribe the
terms upon which the separation shall be made and the proportions in
which the expense of the construction, alteration, relocation, or
abolition of crossings or the separation of grades shall be divided
between the railroad or street railroad corporations affected or
between these corporations and the state, county, city, or other
political subdivision affected.
   (d) (1) To authorize on an application-by-application basis and
supervise the operation of pilot projects to evaluate proposed
crossing warning devices, new technology, or other additional safety
measures at designated crossings, with the consent of the local
jurisdiction, the affected railroad, and other interested parties,
including, but not limited to, represented railroad employees.
   (2) The Legislature finds and declares that for the communities of
the state that are traversed by railroads, there is a growing need
to mitigate train horn noise without compromising the safety of the
public. Therefore, it is the intent of the Legislature that the
commission may authorize both of the following pilot projects, after
an application is filed and approved by the commission:
   (A) To test the utility and safety of stationary, automated
audible warning devices as an alternative to trains having to sound
their horns as they approach highway-rail crossings in the
communities of Roseville, Fremont, Newark, and Lathrop, and in any
other location determined to be suitable by the commission.
   (B) To authorize supplementary safety measures, as defined in
Section 20153(a)(3) of Title 49 of the United States Code, for use on
rail crossings.  This pilot project may only be authorized
by the commission until January 1, 2004.    No new pilot
project may be authorized after January 1, 2003.   The
commission shall report to the Legislature by March 31, 2004, on the
outcome of this pilot project.
   (3) In light of the pending proposed ruling by the Federal
Railroad Administration on the use of locomotive horns at all
highway-rail crossings across the nation, it would be in the best
interest of the state for the commission to expedite the pilot
projects authorized under paragraph (2) in order to contribute data
to the federal rulemaking process regarding the possible inclusion of
stationary, automated warning devices as a safety measure option to
the proposed federal rule.