BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SJR 19
                                                                  Page  1

          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
                                                                  Page  3

           Support 
           
          California Railroad Industry
          City of Placentia
           
            Opposition 
           
          None received

           Analysis Prepared by  :    Howard Posner / TRANS. / (916) 319-2093