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
           
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          |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
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