BILL ANALYSIS
SB 62
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Date of Hearing: July 16, 2001
ASSEMBLY COMMITTEE ON TRANSPORTATION
John Dutra, Chair
SB 62 (Morrow) - As Amended: June 19, 2001
SENATE VOTE : 37-0
SUBJECT : Rail crossings: automated warning devices
SUMMARY : Revises the requirements for a demonstration program
conducted by the Public Utilities Commission (PUC) for automated
warning devices at highway-rail grade crossings and authorizes
PUC to conduct the demonstration program in two additional
cities. Specifically, this bill :
1)Requires that the automated warning devices be triggered when
a train is within 25, but no less than 20 seconds from an
intersection.
2)Authorizes the demonstration program to be conducted in the
cities of Fremont and Newark.
3)Declares an urgency to take effect immediately.
EXISTING LAW :
1)Authorizes PUC to determine and prescribe the appropriate
configurations for highway-rail crossings in the state. 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, in at least the communities of
Roseville and Lathrop.
2)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.
3)Authorizes, as one of the exceptions mentioned above, the City
of Roseville to conduct a demonstration program where train
whistles are activated remotely at the grade crossing.
SB 62
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FISCAL EFFECT : Unknown
COMMENTS : Last year, the Legislature approved SB 1491 (Leslie),
Chapter 263, which authorized the City of Roseville, with
permission from PUC, to conduct a demonstration program where
alternate warning devices would be installed at two highway-rail
crossings that had been the source of frequent noise complaints
from local residents.
Many believe that these automated warning devices, which are
known as "wayside horns," have the potential to reduce noise
pollution because the horns are stationary, located at the
crossing, and their horn signals are directed at highway traffic
approaching the rail crossing. In contrast, the current
protocol requires trains that are approaching a crossing to
activate their whistles continuously once they are within 1,320
feet from the intersection.
SB 1491 authorized the use of wayside horns, but only permitted
them to be activated when the train was within 1,320 feet. The
sponsors of SB 62 argue that wayside horns should be established
using a time-based trigger, rather than the current standard
which is based in the distance of the train from the
intersection.
They argue that variation in train speed could undermine the
effectiveness of the stationary, wayside horns. If the train
were moving slowly, the horn would sound for an unnecessarily
long time, which would likely annoy residents and defeat one of
the purposes of the wayside horn, which is to reduce, not
increase, noise pollution. Additionally, supporters of SB 62
argue that modern grade crossings employ gate and light systems
which use motion sensing technology to activate when the train
is within about 25 seconds, but not less than 20 seconds, of an
intersection, taking into account the speed of the train.
According to proponents, PUC will require that wayside horn
activation be tied to the gate and light system activation, and
current law needs to be revised in order for the demonstration
project to be properly configured. The author argues that
without this bill, the wayside horn pilot projects authorized by
last year's SB 1491 cannot proceed.
Related legislation : AB 1002 (Daucher) authorizes PUC to
SB 62
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provide for a pilot project to permit the use supplementary
safety measures, as defined in a specified provision of federal
law, for use on rail crossings in the City of Placentia. The
measure was approved by this committee in June, but held in the
Assembly Appropriations Committee.
AB 1249 (Daucher) was recently amended to include identical
language to AB 1002. This bill was recently approved by the
Senate Energy, Utilities and Communications Committee.
SJR 19 (Ackerman), urges the Federal Railroad Administration to
adopt regulations relating to the establishment of quiet zones
at eligible railroad crossings and urges the U.S. Congress to
pass legislation to provide funding to the states to help them
establish those quiet zones. This measure is currently pending
on the Senate Floor.
REGISTERED SUPPORT / OPPOSITION :
Support
The California Railroad Industry (source)
City of Newark
United Transportation Union
Opposition
None received
Analysis Prepared by : Andrew Antwih / TRANS. / (916) 319-2093