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)
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|COMMITTEE VOTE: |17-0 |(February 2, 2004) |RECOMMENDATION: |Concur |
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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 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
AB 1618
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public health and safety.
5)Add an urgency clause.
EXISTING LAW :
1)Sets forth the powers and duties of railroad corporations.
2)Authorizes the California 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 : Unknown
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.
CHP, however, may believe that the need for this bill overshadows
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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 potentially involved agency is
critical."
Analysis Prepared by : Ryan Spencer / TRANS. / (916) 319-2093
FN: 0004548