BILL ANALYSIS
SJR 19
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Date of Hearing: August 27, 2001
ASSEMBLY COMMITTEE ON TRANSPORTATION
John Dutra, Chair
SJR 19 (Ackerman) - As Introduced: June 18, 2001
SENATE VOTE : 39-0
SUBJECT : Railroad grade crossings: quiet zones
SUMMARY : Requests early adoption of federal regulations
establishing railroad crossing quiet zones. Specifically, this
bill :
1)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 the establishment
of 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.
2)Memorializes the FRA to adopt regulations relating to the
establishment of quiet zones as quickly as possible.
3)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.
EXISTING LAW :
1)Requires the sounding of a locomotive bell or whistle at least
1,320 feet from the place where the railroad crosses any
street, with certain exceptions.
2)Authorizes the California Public Utilities Commission (PUC) to
determine and prescribe appropriate configurations for
highway-rail crossings in the state. The PUC is also
authorized, on a case-by-case basis, to supervise the
operation of pilot highway-rail crossing projects that: a)
utilize new technology for crossing warning devices, or b)
mitigate train horn noise without compromising the safety of
the public.
SJR 19
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FISCAL EFFECT : Unknown. It is estimated that the cost of the
supplement safety devices required in quiet zones can cost
upwards of $250,000 for each crossing.
COMMENTS : Nationwide, there are approximately 4,000 train vs.
highway vehicle collisions per year at highway-rail grade
crossings, resulting in more than 400 deaths. On January 13,
2000, the FRA issued a notice of proposed rulemaking regarding
the use of locomotive horns by trains in the vicinity of grade
crossings. The FRA regulations are being developed in response
to a law enacted by Congress in 1994 that required train horns
to be sounded when a train approaches and enters a public
highway-rail grade crossing unless certain conditions are met to
allow the establishment of a "quiet zone."
The proposed rules provide for an exception in circumstances
where there is no significant risk of loss of life or serious
personal injury, where use of the locomotive horn is
impractical, or where supplementary safety measures fully
compensate for the absence of the warning provided by the horn.
Accordingly, the FRA has proposed the establishment of quiet
zones, which are segments of rail line at which locomotive horns
are not routinely sounded. Public grade crossings in quiet
zones would feature safety enhancements that could include
four-quadrant gates where all lanes of traffic are blocked from
entering the crossing, gates with medians or channelization
devices, crossing closures at highway-rail crossings, one-way
streets with gates, or photo enforcement. Alternatively, local
jurisdictions might employ supplemental safety devices and
measures, including public education and crossing monitoring.
Public hearings on the FRA's proposed regulations have concluded
and, according to the author, a final decision on those
regulations will be issued after the FRA's new administrator is
confirmed by the U.S. Senate. 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 in
order to eliminate that uncertainty and allow cities to create
quite zones by choosing from a federally-approved list of safety
mitigation measures.
REGISTERED SUPPORT / OPPOSITION :
SJR 19
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Support
California Railroad Industry
City of Placentia
Opposition
None received
Analysis Prepared by : Howard Posner / TRANS. / (916) 319-2093