BILL NUMBER: SB 62 ENROLLED
BILL TEXT
PASSED THE SENATE SEPTEMBER 13, 2001
PASSED THE ASSEMBLY SEPTEMBER 12, 2001
AMENDED IN ASSEMBLY SEPTEMBER 10, 2001
AMENDED IN SENATE JUNE 19, 2001
AMENDED IN SENATE JUNE 11, 2001
INTRODUCED BY Senator Morrow
(Coauthors: Assembly Members Dutra and Leslie)
JANUARY 4, 2001
An act to amend Sections 1202 and 7604 of the Public Utilities
Code, relating to railroad crossings, and declaring the urgency
thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 62, Morrow. Railroad crossings: automated warning devices.
(1) Under existing law, the Public Utilities Commission determines
and prescribes highway-rail crossings and is authorized on an
application-by-application basis to supervise the operation of pilot
highway-rail crossing projects to evaluate proposed crossing warning
devices or new technology and to mitigate train horn noise without
compromising the safety of the public, in at least the communities of
Roseville and Lathrop.
This bill would authorize the commission to authorize additional
pilot highway-rail crossing projects in the Cities of Fremont and
Newark.
This bill would incorporate additional changes in Section 1202 of
the Public Utilities Code proposed by AB 1249, that would become
operative only if AB 1249 and this bill are both chaptered and become
effective on or before January 1, 2002, and this bill is chaptered
last.
(2) Existing law authorizes the Public Utilities Commission to
authorize on an application-by-application basis and supervise the
operation of a pilot project to evaluate proposed crossing warning
devices or new technology and authorizes automatic audible warning
devices that sound automatically when an approaching train is a
specified distance from the place where the railroad crosses any
street, road, or highway.
This bill would authorize audible warning devices that sound
automatically for a specified amount of time before the approaching
train crosses a street, road, or highway.
(3) This bill would declare that it is to take effect immediately
as an urgency statute.
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 or new technology 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) (A) 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 pilot projects, after an
application is filed and approved by the commission in at least the
communities of Roseville, Fremont, Newark, 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.
(B) 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 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.
SEC. 1.5. 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 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.
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.
SEC. 2. Section 7604 of the Public Utilities Code is amended to
read:
7604. (a) A bell, of at least 20 pounds weight or of equivalent
sound-producing capability, shall be placed on each locomotive
engine, and shall be rung at a distance of at least 1,320 feet from
the place where the railroad crosses any street, road, or highway,
and be kept ringing until it has crossed the street, road, or
highway; or a steam whistle, air siren, or an air whistle shall be
attached, and be sounded at the like distance, and be kept sounding
at intervals until it has crossed the street, road, or highway,
except as follows:
(1) In a city, the ringing of the bell or the sounding of the
steam whistle, air siren, or air whistle shall be at the discretion
of the operator of the locomotive engine.
(2) When a locomotive engine is engaged in a switching operation
or comes to a stop at any point within a distance of 1,320 feet from
the place at which the railroad crosses any street, road, or highway,
it shall not be necessary that the bell be rung or the whistle, air
siren, or air whistle be sounded, until the time and from the place
that the locomotive begins an uninterrupted movement to and across
the place at which the railroad crosses the street, road, or highway.
(3) (A) The ringing of the bell or the sounding of the steam
whistle, air siren, or air whistle is not required when approaching a
railroad crossing that has a permanently installed audible warning
device authorized by the commission that begins to sound
automatically no less than twenty seconds before an approaching train
enters the place where the railroad crosses any street, road, or
highway, and that keeps sounding until the lead locomotive has
crossed the street, road, or highway.
(B) The operator of the locomotive may ring the bell or sound the
steam whistle, air siren, or air whistle at crossings equipped as set
forth in subparagraph (A).
(b) Any railroad corporation violating this section shall be
subject to a penalty of one hundred dollars ($100) for every
violation. The penalty may be recovered in an action prosecuted by
the district attorney of the proper county, for the use of the state.
The corporation is also liable for all damages sustained by any
person, and caused by its locomotives, train, or cars, when the
provisions of this section are not complied with.
SEC. 3. Section 1.5 of this bill incorporates amendments to
Section 1202 of the Public Utilities Code proposed by both this bill
and AB 1249. It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2002, but this
bill becomes operative first, (2) each bill amends Section 1202 of
the Public Utilities Code, and (3) this bill is enacted after AB
1249, in which case Section 1202 of the Public Utilities Code, as
amended by Section 1 of this bill, shall remain operative only until
the operative date of AB 1249, at which time Section 1.5 of this bill
shall become operative.
SEC. 4. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order for the test of the pilot program for stationary,
automated audible warning devices at highway-rail crossings and the
feasibility of that system to be assessed, and for the program to be
extended to additional locations, as soon as possible, it is
necessary that this act take effect immediately.