BILL ANALYSIS
------------------------------------------------------------
|SENATE RULES COMMITTEE | AB 1249|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 445-6614 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
THIRD READING
Bill No: AB 1249
Author: Daucher (R)
Amended: 9/6/01 in Senate
Vote: 21
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SENATE ENERGY, U.&C. COMMITTEE : 8-0, 7/10/01
AYES: Bowen, Morrow, Alarcon, Battin, Murray, Sher,
Speier, Vincent
ASSEMBLY FLOOR : Not Relevant
SUBJECT : Railroad crossings: pilot projects
SOURCE : Author
DIGEST : This bill authorizes the communities of Fremont
and Newark to test the use of stationary, automated audible
warning devices at highway-railroad crossings. The bill
also authorizes a pilot project to test supplementary
safety measures at railroad crossings.
Senate Floor Amendments of 9/6/01 clarify that no new pilot
projects may be authorized after January 1, 2003.
NOTE: Senate Amendments delete the prior version. As it
left the Assembly, the bill related to absentee voting.
ANALYSIS : Current law requires the sounding of a
locomotive bell or whistle at least 1,320 feet from the
CONTINUED
AB 1249
Page
2
place where the railroad crosses any street. An exception
is made where the railroad crossing has a permanently
installed audible warning device authorized by the
California Public Utilities Commission (CPUC) that
automatically sounds when an approaching train is at least
1,320 feet from the crossing.
Current law authorizes the CPUC to conduct pilot projects
for evaluating proposed railroad crossing warning devices
with the consent of the local jurisdiction, affected
railroads, railroad employees, and other interested
parties.
Current law articulates legislative findings that there is
a growing need to mitigate train horn noise without
compromising public safety, and declares legislative intent
that the CPUC may authorize pilot projects in the cities of
Roseville and Lathrop 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.
This bill expands that legislative intent to authorize the
pilot projects in the cities of Newark, Fremont, and any
other locations determined to be suitable by the CPUC.
This bill declares legislative intent that the CPUC be
permitted to authorize, until January 1, 2003, pilot
projects to test supplementary safety measures, as defined
in Section 20153(a)(3) of Title 49 of the United States
Code, for use on rail crossings. CPUC would be required to
report on the project by March 3, 2004.
Background
Approximately 4,000 times each year, a train and highway
vehicle collide at highway-rail grade crossings, resulting
in more than 400 deaths.
On January 13, 2000, the Federal Railroad Administration
(FRA) issued a notice of proposed rulemaking which requires
locomotive horns be sounded while a train approaches and
enters a public highway-rail crossing. The proposed rules
provide for an exception in circumstances where there isn't
AB 1249
Page
3
a significant risk of loss of life or serious personal
injury, use of the locomotive horn is impractical, or
supplementary safety measures fully compensate for the
absence of the warning provided by the horn. The FRA has
yet to formally adopt the proposed rules in this area, but
SJR 19 (Ackerman) urges the FRA to promptly adopt the final
rules.
Comments
There are several bills dealing with ways of mitigating the
disruptive, but necessary, sounding of locomotive horns in
residential areas. SB 1491 (Leslie), Chapter 263, Statutes
of 2000, and SB 62 (Morrow) of 2001, focused on using
wayside horns as a substitute for locomotive horns.
This bill allows the locomotive horn problem to be
mitigated in a different way by urging the use of
supplementary safety devices, such as four-quadrant gates
where all lanes of traffic are blocked from entering the
crossing, in lieu of any horn whatsoever. The author
believes this bill is necessary spur to the CPUC to
consider and approve a pilot project to test such devices.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 8/20/01)
The Burlington Northern and Santa Fe Railway Company
NC:kb 9/8/01 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****