BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 1618| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 445-6614 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: AB 1618 Author: Firebaugh (D), et al Amended: 9/4/03 in Senate Vote: 27 - Urgency SENATE ENERGY, U.&C. COMMITTEE : 6-0, 8/28/03 AYES: Bowen, Alarcon, Battin, Dunn, Murray, Vasconcellos NO VOTE RECORDED: Morrow, McClintock, Sher SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8 SENATE TRANSPORTATION COMMITTEE : Not relevant ASSEMBLY FLOOR : Not relevant SUBJECT : Railroad corporations: derailments SOURCE : Author DIGEST : This bill requires railroad corporations to develop a protocol to quickly inform the State Office of Emergency Services and local public safety agencies when there is a runaway train or other uncontrolled train movement. NOTE: Senate amendments delete the prior version which related to motor vehicle dealers. ANALYSIS : Current federal law provides the Federal Railroad Administration (FRA) with the authority to establish safety and operating standards for interstate CONTINUED AB 1618 Page 2 railroads. Enforcement of those standards has been delegated by the FRA to the State Public Utilities Commission (PUC). Current state law requires the PUC to investigate any railroad accidents. Current PUC regulations require railroads to immediately notify local public safety agencies of any release or threatened release of any hazardous materials where there is a reasonable belief that the release poses a significant harm to people, property, or the environment. This bill requires the PUC to require every railroad corporation to, by March 1, 2004, in consultation with, and with approval by, the State Office of Emergency Services (OES), develop a protocol to quickly inform OES and local public safety agencies when there is a runaway train or any other uncontrolled train movement that threatens public health and safety. This bill provides that a railroad corporation must promptly notify the Office of Emergency Services and designated local public safety agencies if there is a runaway train or any other uncontrolled train movement that threatens public health and safety, pursuant to the railroad corporation's communications protocol developed pursuant to this bill. Background On June 20, 2003, 31 cars of a Union Pacific (UP) freight train escaped from a rail yard in Montclair, rolling uncontrolled through Pomona and reaching speeds of up to 86 miles per hour. Twenty five minutes after breaking free, and 28 miles down the tracks, the cars were intentionally derailed in the City of Commerce, destroying two homes and damaging several others, but causing no loss of life or injuries. Local public safety authorities were not notified by UP at any time before the derailment, though there is no legal obligation for the railroad operator to do so. AB 1618 Page 3 The National Transportation Safety Board (NTSB) and the PUC are independently investigating the accident. The PUC expects to issue its report in September or October, while the NTSB report is expected sometime before the end of the year. Comments While a major disaster was avoided when the UP railcars were derailed in Commerce, that was more a matter of luck than planning. The absence of any requirement to notify down-track public safety officials of a runaway train is a glaring hole in railroad safety regulation. This bill simply requires railroads to establish communications procedures with those public safety agencies and OES. This bill provides the railroads with flexibility in establishing those procedures and it does not require the PUC to develop the procedures itself. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: Yes SUPPORT : (Verified 9/4/03) Union Pacific Railroad Company City of Commerce The Burlington Northern and Santa Fe Railway Company Union Pacific Railroad Company NC:mel 9/4/03 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END ****