BILL ANALYSIS
AB 1618
Page 1
REPLACE - June 24, 2004
CONCURRENCE IN SENATE AMENDMENTS
AB 1618 (Firebaugh)
As Amended April 28, 2004
2/3 vote. Urgency
-----------------------------------------------------------------
|ASSEMBLY: | |(May 15, 2003) |SENATE: |32-1 |(June 17, |
| | | | | |2004) |
-----------------------------------------------------------------
(vote not relevant)
Original Committee Reference: TRANS.
SUMMARY : Requires railroads operating in California to develop
a protocol for rapid communications with the Office of Emergency
Services (OES), the California Highway Patrol (CHP), and
designated county public safety agencies in an endangered area
in the event of a runaway train or any other uncontrolled train
movement.
The Senate amendments delete the Assembly version of this bill,
and instead:
1)Require every railroad corporation operating in the state to
develop, within 90 days of the bill's effective date, a
protocol for rapid communications with OES, CHP, and
designated county 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, railroad corporations to promptly notify OES, CHP, and
designated county public safety agencies, through a
communication to the OES's Warning Center, if there is a
runaway train or any other uncontrolled train movement that
threatens public health and safety.
5)Add an urgency clause.
AB 1618
Page 2
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 (UP) 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 UP, there is no formal
protocol for communicating with the proper public safety
officials in endangered areas. Therefore, this bill requires a
communication protocol from every railroad company operating in
California.
CHP, writing in support of this bill, 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 : Howard Posner / TRANS. / (916) 319-2093
AB 1618
Page 3
FN: 0006299