BILL NUMBER: AB 962	ENROLLED
	BILL TEXT

	PASSED THE ASSEMBLY  SEPTEMBER 8, 2005
	PASSED THE SENATE  SEPTEMBER 7, 2005
	AMENDED IN SENATE  SEPTEMBER 2, 2005
	AMENDED IN ASSEMBLY  APRIL 21, 2005

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, 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 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 in the state,
on or after January 1, 2006. The bill would require a railroad
corporation to provide immediate notification to the Office of
Emergency Services of specified accidents, incidents, and other
events that are required to be reported to the Federal Railroad
Administration's National Response Center.


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)  Whistle post signs shall be deemed to satisfy this
requirement.
   (b) A railroad corporation shall utilize flagging systems and
follow main line flag rules in a manner consistent with its adopted
general code of operating rules and federal law. All flags shall be
readily visible and easily recognizable to the crews on both
passenger and freight trains.
   (c) A railroad corporation shall provide milepost markers to train
crews at accurate one-mile intervals. The markers shall be readily
visible to the locomotive engineer within the locomotive cab, and
shall be kept in good repair and replaced when necessary.
   (d) A railroad corporation shall place whistle signs to the right
of the main track in the direction of approach, exactly one-quarter
mile from the entrance to any grade crossing as a point of reference
for locomotive engineers who blow the whistle and ring the bell for
these grade crossings as a warning to the public. The signs, which
shall consist of an "X" on a square plate mounted on a post, shall be
readily visible to a locomotive engineer within the locomotive cab,
shall be kept in good repair, and shall be replaced when necessary.
   (e) A railroad corporation shall place permanent speed signs to
the right of the track in the direction of approach, two miles in
advance of the point where the speed is either increased or decreased
for both passenger and freight trains. The signs shall be readily
visible to a locomotive engineer within the locomotive cab, shall be
kept in good repair, and shall be replaced when necessary.
   (f) 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, on or
after January 1, 2006.
   (g) A railroad corporation shall provide immediate notification to
the Office of Emergency Services of accidents, incidents, and other
events, concurrent with those provided to the Federal Railroad
Administration's National Response Center, as required by Part 225.9
of Title 49 of the Code of Federal Regulations.