BILL NUMBER: AB 962	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Nunez

                        FEBRUARY 18, 2005

   An act to add Section 7662 to the Public Utilities Code, relating
to public utilities.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 962, as introduced, Nunez.   Railroad safety.
   Existing law sets forth the powers and duties of railroad
corporations. Existing law 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. Existing law requires the commission to
require every railroad corporation operating in this state to develop
a protocol for rapid communications with certain entities in an
endangered area if there is a runaway train or any other uncontrolled
train movement that threatens public health and safety. Existing law
requires a railroad corporation to promptly notify those entities if
there is a runaway train or other uncontrolled train movement, in
accordance with the communications protocol developed.
   This bill would impose certain requirements on a railroad
corporation regarding signage, markers, and flagging systems. The
bill would prohibit a railroad corporation from leaving a train
containing hazardous materials unattended outside of its terminal
property, or permitting such a train to cross a grade crossing
unattended. The bill would require a railroad corporation to notify
the commission and the collective bargaining representative of any
affected employee of any new utilization of remote control
locomotives. The bill would require a railroad corporation to notify
the commission of any accident involving one of its trains, and to
submit its current operating rules and any subsequent amendments to
the commission.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 7662 is added to the  Public Utilities Code ,
to read:
   7662.  (a) (1) A railroad corporation shall place appropriate
signage to notify an engineer of an approaching grade crossing,
consistent with federal law.(2) Existing whistle post signs shall be
deemed to satisfy this requirement.
   (b) A railroad corporation shall utilize flagging systems and
place milepost markers in a manner consistent with its adopted
general code of operating rules.
   (c)  (1)No railroad corporation shall leave a train containing
hazardous materials unattended outside of its terminal property.
   (2) No railroad corporation shall permit a train containing
hazardous materials to cross a grade crossing unattended.
   (3) For purposes of this section "unattended" means the absence of
a crewmember or other responsible employee in a location with a line
of sight to the portion of the train containing hazardous materials
or, for the purposes of paragraph (2), a line of sight to the grade
crossing.
   (d) A railroad corporation shall notify the commission and the
collective bargaining representative of any affected employee of any
new utilization of remote control locomotives in the state.
   (e)  (1)A railroad corporation shall notify the commission of any
accident involving one of its trains.
   (2) A railroad corporation shall submit its current operating
rules and any subsequent amendments to the commission.