BILL ANALYSIS 1
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SENATE ENERGY, UTILITIES AND COMMUNICATIONS COMMITTEE
DEBRA BOWEN, CHAIRWOMAN
SJR 19 - Ackerman Hearing
Date: July 10, 2001 S
As Introduced: June 18, 2001 Non-FISCAL J
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DESCRIPTION
This resolution observes that the Federal Railroad
Administration (FRA) is proposing regulations requiring a
locomotive horn to be sounded when a train is approaching a
highway-rail grade crossing, that those regulations will
permit public entities to submit waiver petitions to
establish quiet zones where horns may not be sounded if
supplemental safety measures are installed, and that
improving the safety of railroad grade crossings in
conjunction with establishing quiet zones will prevent
fatalities and injuries.
This resolution memorializes the FRA to adopt regulations
relating to the establishment of quiet zones as quickly as
possible.
This resolution memorializes the United States Congress to
approve legislation providing states with the necessary
funding to implement supplemental safety measures for the
purpose of establishing quiet zones.
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 FRA issued a notice of proposed
rulemaking which requires locomotive horns to 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 a significant risk of loss
of life or serious personal injury, use of the locomotive
horn is impractical, or where supplementary safety measures
fully compensate for the absence of the warning provided by
the horn.
The FRA has proposed two methods of establishing quiet
zones, which is a segment of rail line at which locomotive
horns are not routinely sounded. The first method requires
every public grade crossing in the quiet zone to have an
approved supplementary safety measure at the crossing. A
list is specified and includes four-quadrant gates where
all lanes of traffic are blocked from entering the
crossing. The second method allows local jurisdictions
more flexibility by providing more options for supplemental
safety devices and measures, including public education and
crossing monitoring.
Public hearings on FRA's proposed regulations have
concluded and, according to the author, a final decision on
those proposed regulations will be issued after the FRA's
new administrator is confirmed by the U.S. Senate.
COMMENTS
1)Shhhhhhhhhhhhhh . The absence of final federal
regulations for quiet zones has created some uncertainty
in cities that want to mitigate locomotive noise impacts.
This resolution encourages the FRA to issue final
regulations, to eliminate that uncertainty and allow
cities to create quite zones by choosing from a
federally-approved list of safety mitigation measures.
The cost of the supplement safety devices required in
quiet zones can cost upwards of $250,000 for each
crossing.
2)Railroad Crisis Supplants Energy Crisis? The noise
impacts of locomotives have become a regular subject of
the committee. SB 1491 (Leslie), Chapter 263, Statutes
of 2000, set up a pilot program to allow wayside horns to
substitute for locomotive horns.
SB 62 (Morrow), which was approved by this committee and
is pending in the Assembly Transportation Committee,
makes technical changes to that law and expands the
number of cities that can be included in the pilot
program.
AB 1249 (Daucher), which is scheduled to be heard by this
committee today, deals with establishment of quiet zones
that are free of any locomotive horns.
POSITIONS
Sponsor:
Author
Support:
The California Railroad Industry
Oppose:
None on file
Randy Chinn
SJR 19 Analysis
Hearing Date: July 10, 2001