BILL NUMBER: AB 1618	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 22, 2004
	AMENDED IN SENATE  SEPTEMBER 8, 2003
	AMENDED IN SENATE  SEPTEMBER 4, 2003
	AMENDED IN SENATE  AUGUST 25, 2003
	AMENDED IN SENATE  JULY 21, 2003
	AMENDED IN ASSEMBLY  APRIL 9, 2003

INTRODUCED BY   Assembly Members Firebaugh and Calderon
    (Principal coauthor:  Senator Escutia) 
    (Coauthor:  Assembly Member Bermudez) 

                        FEBRUARY 21, 2003

   An act to add Section 7661 to the Public Utilities Code, relating
to railroad corporations, and declaring the urgency thereof, to take
effect immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1618, as amended, Firebaugh.  Railroad corporations:  runaway
trains.
   (1) Existing law sets forth the powers and duties of railroad
corporations.  Existing law authorizes the Public Utilities
Commission, after a hearing, to require every public utility to
construct, maintain, and operate its line, plant, system, equipment,
apparatus, tracks, and premises in a manner so as to promote and
safeguard the health and safety of its employees, passengers,
customers, and the public.
   This bill would require the commission to require every railroad
corporation operating in this state to develop  by March 1,
2004   , within 90 days of the effective date of the
bill  , in consultation with, and with approval by, the Office
of Emergency Services, a protocol for rapid communications with that
office, the Department of the California Highway Patrol, and
designated local public safety agencies in an endangered area if
there is a runaway train or any other uncontrolled train movement
that threatens public health and safety.  The bill would require a
railroad corporation to promptly notify the office, the department,
and those agencies if there is such a runaway train or other
uncontrolled train movement, in accordance with the communications
protocol developed pursuant to the bill.   Because a
 
   (2) A  violation of an order or decision of the commission is
a crime  , this bill   .
   This bill, by requiring the commission to impose a new requirement
on railroad corporations, the violation of which would be a crime,
 would create a new crime, thereby imposing a state-mandated
local program.  
   (2)  
  (3)  The California Constitution requires the state to
reimburse local agencies and school districts for certain costs
mandated by the state.  Statutory provisions establish procedures for
making that reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.  
   (3)  
   (4)  This bill would declare that it is to take effect
immediately as an urgency statute.
   Vote:  2/3.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:   yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 7661 is added to the Public Utilities Code, to
read:
   7661.  (a) The commission shall require every railroad corporation
operating in this state to develop,  by March 1, 2004
  within 90 days of the effective date of the act adding
this section  , in consultation with, and with approval by, the
Office of Emergency Services, a protocol for rapid communications
with the Office of Emergency Services, the Department of the
California Highway Patrol, and designated local public safety
agencies in an endangered area if there is a runaway train or any
other uncontrolled train movement that threatens public health and
safety.
   (b) A railroad corporation shall promptly notify the Office of
Emergency Services, the Department of the California Highway Patrol,
and designated local public safety agencies if there is a runaway
train or any other uncontrolled train movement that threatens public
health and safety, in accordance with the railroad corporation's
communications protocol developed pursuant to subdivision (a).
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
  SEC. 3.  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:
   Due to an existing gap in communications during emergency
situations where there is a runaway train or any other uncontrolled
train movement that threatens public health and safety, it is
necessary that this act take effect immediately.