BILL ANALYSIS
AB 1618
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1618 (Firebaugh)
As Amended September 8, 2003
2/3 vote. Urgency
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|ASSEMBLY: | |(May 15, 2003) |SENATE: |27-7 |(September 11, |
| | | | | |2003) |
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(vote not relevant)
Original Committee Reference: TRANS.
SUMMARY : Requires every railroad corporation operating in
California to develop, by March 1, 2004, a protocol for rapid
communications with the Office of Emergency Services (OES), the
Department of California Highway Patrol (CHP), and designated
local public safety agencies in an endangered area in the event
of a runaway train or any other uncontrolled train movement.
The Senate amendments :
1)Remove the entire contents of this bill and insert language
requiring every railroad corporation operating in this state
to develop, by March 1, 2004, a protocol for rapid
communications with the OES and CHP, 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.
2)Require the railroad corporations to consult with OES in
developing the protocol.
3)Require OES to give final approval of the protocol.
4)Require, in accordance to the protocol established by this
bill, that railroad corporations promptly notify OES, CHP, and
designated local public safety agencies if there is a runaway
train or any other uncontrolled train movement that threatens
public health and safety.
5)Add an urgency clause.
EXISTING LAW:
AB 1618
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1)Sets forth the powers and duties of railroad corporations.
2)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.
AS PASSED BY THE ASSEMBLY : this bill prohibited a motor vehicle
dealer from selling any motor vehicle, other than a motorcycle,
without a front license plate bracket, after January 1, 2005.
FISCAL EFFECT : Not relevant to the current version of this
bill.
COMMENTS : In June 2003, a runaway Union Pacific freight train
carrying lumber through the City of Commerce derailed after
being switched to a side track, sending its cargo crashing into
three homes and leaving 13 people injured.
According to a CNN report, the Los Angeles County Fire
Department said it had received no warning that the train was
out of control and might derail. Officials said the department
learned about the situation from a 911 call.
The author states that according to Union Pacific, there is no
formal protocol for communicating with the proper public safety
officials in endangered areas. Therefore, the amended version
of this bill will require a communication protocol from every
railroad company operating in California.
In opposition, the California Short Line Railroad Association
states "that the language is unclear and could create
confusion." Additionally, they feel that the requirement to set
up protocols could be burdensome to short line railroads and
would prefer that the protocol requirement be dropped and that a
"one call" requirement be put in its place.
The CHP, however, may believe that the need for this bill
overshadows any burden that it may cause. In support of the
measure, CHP states that when a runaway train or other
uncontrolled movement takes place, these events "unfold very
rapidly and emergency response personnel will need every second
to effectively respond. Thus, a timely notification to every
AB 1618
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potentially involved agency is critical."
The Assembly Transportation Committee has not heard the
provisions in this bill.
Analysis Prepared by : Ryan Spencer / TRANS. / (916) 319-2093
FN: 0003859