BILL ANALYSIS
SB 62
Page 1
SENATE THIRD READING
SB 62 (Morrow)
As Amended September 10, 2001
2/3 vote. Urgency
SENATE VOTE : 37-0
TRANSPORTATION 17-0 APPROPRIATIONS 21-0
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|Ayes:|Dutra, Rod Pacheco, |Ayes:|Migden, Bates, Alquist, |
| |Bates, Firebaugh, Florez, | |Aroner, Ashburn, Cedillo, |
| |Hollingsworth, Kehoe, La | |Corbett, Correa, Daucher, |
| |Suer, Leach, Liu, | |Goldberg, Maldonado, |
| |Longville, Mountjoy, | |Robert Pacheco, Papan, |
| |Nakano, Oropeza, | |Pavley, Runner, Simitian, |
| |Simitian, Strom-Martin, | |Thomson, Washington, |
| |Vargas | |Wiggins, Wright, Zettel |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Revises the requirements for a demonstration program
conducted by the California Public Utilities Commission (CPUC)
for automated warning devices at highway-rail grade crossings
and authorizes CPUC 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)Provides double-jointing language so that AB 1249 (Daucher) is
not chaptered out in the event that both bills are enacted.
EXISTING LAW :
1)Authorizes CPUC to determine and prescribe the appropriate
configurations for highway-rail crossings in the state. CPUC
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,
SB 62
Page 2
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.
FISCAL EFFECT : According to the Assembly Appropriations
Committee analysis, minor costs to CPUC for its oversight
activities.
COMMENTS : SB 1491 (Leslie), Chapter 263, Statutes of 2000,
which authorized the City of Roseville, with permission from
CPUC, 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 this bill 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
SB 62
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increase, noise pollution. Additionally, supporters of this
bill 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, CPUC 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), pending in the Assembly,
authorizes CPUC to 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.
AB 1249 (Daucher), pending in the Senate, was subsequently
amended to include identical language to AB 1002.
SJR 19 (Ackerman), pending in the Assembly, 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.
Analysis Prepared by : Andrew Antwih / TRANS. / (916) 319-2093
FN: 0003100