BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 962
                                                                  Page  1


          ASSEMBLY THIRD READING
          AB 962 (Nunez)
          As Amended April 21, 2005
          Majority vote 

           UTILITIES & COMMERCE      10-1  APPROPRIATIONS      18-0        
           
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          |Ayes:|Levine, Bogh, Baca,       |Ayes:|Chu, Sharon Runner, Bass, |
          |     |Blakeslee, Jones, De La   |     |Berg, Calderon, Emmerson, |
          |     |Torre, Jerome Horton,     |     |Mullin, Haynes, Karnette, |
          |     |Montanez, Ridley-Thomas,  |     |Klehs, Leno, Nakanishi,   |
          |     |Wyland                    |     |Nation, Oropeza,          |
          |     |                          |     |Ridley-Thomas, Saldana,   |
          |     |                          |     |Walters, Yee              |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Keene                     |     |                          |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :  Imposes 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 PUC of  
            certain accidents, incidents and other events required by the  
            Code of Federal Regulations. 

           FISCAL EFFECT  :  According to the Assembly Appropriations  
          Committee, minor absorbable costs to PUC.









                                                                  AB 962
                                                                  Page  2


           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.

          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, and 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.  Recent news  
          reports indicate that rail cars with potentially hazardous  
          material are being stored on rail lines for up to 30 days,  
          although the extent of this problem has not been determined by  
          the Federal Railroad Administration or PUC.

          RCLs:  This bill requires a railroad corporation to notify both  
          PUC and the collective bargaining representative of any affected  
          employee of new utilization of 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. 


           Analysis Prepared by  :    Adam Hunt / U. & C. / (916) 319-2083 


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