BILL ANALYSIS                                                                                                                                                                                                    



                                                                       


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          |SENATE RULES COMMITTEE            |                  AB 1618|
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                                 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  
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          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.








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          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

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