BILL ANALYSIS
AB 962
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Date of Hearing: April 25, 2005
ASSEMBLY COMMITTEE ON UTILITIES AND COMMERCE
Lloyd E. Levine, Chair
AB 962 (N??ez) - As Introduced: April 21, 2005
SUBJECT : Railroad safety.
SUMMARY : This bill would impose certain safety requirements on
a railroad corporation regarding signage, markers, flagging
systems and the transport of hazardous materials. Specifically,
this bill :
1)Prohibits 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.
2)Codifies various railroad corporation operating regulations
governing the placement of signage, markers, and flagging
systems on railroad lines.
3)Requires a railroad corporation to notify the California
Public Utilities Commission (PUC) and the collective
bargaining representative of any affected employee of any new
utilization of remote control locomotives (RCLs).
4)Requires a railroad corporation to immediately notify the PUC
of certain accidents, incidents and other events required by
the Code of Federal Regulations.
EXISTING LAW
1)Existing law authorizes the PUC to require every railroad
corporation 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.
2)Existing law requires the PUC 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.
AB 962
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3)Requires each railroad corporation which transports hazardous
materials in the state to provide a system map of the state to
the Office of Emergency Services and to the PUC, showing
practical groupings of mileposts on the system.
FISCAL EFFECT : Unknown.
COMMENTS : According to the author, the purpose of this bill is
to enhance public safety and the safety of rail workers by
codifying the industry's operating rules and by requiring
enhanced safety measures when hazardous materials are present.
The author cites recent train derailments and reports of
hazardous material left unattended for extended periods of time
as evidence of the need for greater safety requirements.
1)Brief History: In 1991, following a number of rail accidents,
including a train derailment
causing nineteen thousand gallons of highly toxic pesticide to
leak into the Sacramento River near Dunsmuir, the Legislature
passed SB 152, Chapter 767, Statutes of 1991, directing the PUC
to collect fees from railroads to improve railroad safety.
Since that time, the PUC has created the Rail Safety and
Carriers Division which has regulatory and safety oversight over
the fifty railroad corporations, rail transit systems, and
household goods and passenger transportation companies.
2)Flagging and signage: This bill includes two provisions that
address flagging and signage safety systems along rail lines:
a) The first requirement is that a railroad corporation
place appropriate signage to notify an engineer whenever a
road intersects the rail line. During the last three
years, the Federal Railroad Administration (FRA) reports
over 450 highway-rail incidents at public and private
crossings in California. Last year California reported
more fatalities from these incidents than any other state.
b) The second requirement is that a railroad corporation
adopt "flag rules" consistent with this section and federal
law. Like signs, railroad corporations currently have
operating regulations requiring the use of colored flags to
indicate a variety of conditions on the rail line such as a
speed restriction or the performance of maintenance on the
track. The bill includes language that all flags must be
readily visible and easily recognizable to train crews.
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3)Treatment of hazardous materials: Existing law requires each
railroad corporation which
transports hazardous materials to submit emergency handling
guidelines for the surface transportation of hazardous materials
to the Office of Emergency Services (OES), provide a system map
to OES, to immediately report an incident where there is a
release or threatened release of hazardous material. This bill
prohibits a train with hazardous material from being left
unattended outside of its terminal property and defines
unattended as 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. Recent news reports
indicate that rail cars with potentially
hazardous material are being stored on rail lines, although the
extent of the problem has not been determined by the FRA or PUC
at this time.
4)Remote controlled locomotives: This bill requires a railroad
corporation to notify both the
PUC and collective bargaining representative of any affected
employee of new utilization of Remote Controlled Locomotives
(RCLs) in the state. Because RCLs involve the use of a radio
transmitter and receiver system, rather than a person physically
located in the locomotive cab, to control a train's movement,
there have been concerns raised about the safety of their
operation in the state.
5)Accident notification: This bill requires a railroad
corporation to immediately notify the
PUC of various accidents on rail lines throughout the state.
Existing law requires a railroad corporation which is involved
in an incident resulting in a release, or threatened release, of
a hazardous material to immediately report the type and extent
of the release or threatened release. This bill would extend
those reporting requirements to any accident or incident covered
in the Code of Federal Regulations.
6)Related Legislation: AB 1010 (Oropeza) addresses a dual
jurisdiction issue between the
PUC and the California Department of Transportation. That bill
passed the Assembly Transportation Committee 12-0 and is
awaiting hearing in the Assembly Appropriations Committee.
REGISTERED SUPPORT / OPPOSITION :
AB 962
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Support
California Teamsters Public Affairs Council (Sponsor)
Opposition
None on file.
Analysis Prepared by : Adam Hunt / U. & C. / (916) 319-2083