BILL ANALYSIS 1
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SENATE ENERGY, UTILITIES AND COMMUNICATIONS COMMITTEE
MARTHA M. ESCUTIA, CHAIRWOMAN
AB 962 - Nunez Hearing Date:
June 30, 2005 A
As Amended: April 21, 2005 FISCAL B
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DESCRIPTION
Current law requires the California Public Utilities Commission
(CPUC) to annually report to the Legislature on railroad sites
that are hazardous.
Under current law the CPUC has been delegated authority to
enforce federal rail safety rules.
This bill establishes rules for signage on railways which direct
specific types and colors of flags and signs to indicate
particular railway conditions and hazards.
This bill prohibits railroads from leaving trains containing
hazardous materials unattended outside of their terminals.
Railroads are prohibited from permitting trains containing
hazardous materials from crossing roads unattended.
This bill requires railroads to notify the CPUC and their
collective bargaining representatives of any new utilization of
remote control locomotives.
This bill requires railroads to immediately notify the CPUC
regarding accidents concurrent with the notification provided to
the Federal Railroad Administration's National Response Center.
BACKGROUND
Train accidents, excluding highway-rail crossing accidents, have
doubled in Southern California since 1997 according to the
Federal Railroad Administration. Numerous catastrophic railroad
accidents have recently occurred in California:
May 1989 - A runaway train derails near San Bernardino
killing four and destroying seven homes.
June 1991 - A train derailment near Dunsmuir ruptures a
tank car, spilling herbicides and sterilizing 38 miles of
the Upper Sacramento River.
February 1996 - A runaway train at the Cajon pass kills
two and forces the closure of I-15 and SR 138 for two days.
April 2002 - A freight train collides head-on with a
Metrolink commuter train near Placentia killing three.
June 2003 - A runaway train rolls uncontrolled for 33
miles before intentional derailment in the City of Commerce
destroying several homes.
October 2004 - A train derails in Pico Rivera destroying
one house and causing evacuation of a neighborhood.
April 2005 - A train derails in Rialto causing
evacuation of 200 citizens.
According to the CPUC, these accidents were all preventable,
caused by failure to follow operating procedures or mechanical
failures.
The railroad industry has established operating rules for its
trains. Those rules include appropriate warning flags when
speed restrictions apply due to track conditions or the presence
of maintenance workers. The operating rules established in this
bill are the operating rules the railroads have established for
themselves.
COMMENTS
1. Jurisdiction - The Federal Railroad Safety Act of 1970
directed the Secretary of Transportation to develop uniform
national regulations concerning railroad safety and created
the Federal Railroad Administration (FRA) to enforce those
regulations. These regulations have preempted state law in
the interest of promoting interstate commerce. Enforcement
of the FRA regulations has been delegated to the CPUC. The
operating rules codified in this bill are railroad industry
rules, not FRA regulations. Once codified in state law the
CPUC will have enforcement authority. Because the FRA has
not developed equivalent regulations the author believes
that these rules are not preempted.
2. It's Just a Missile - Last month in the San Bernardino
area a Department of Defense (DoD) missile was left
unattended on a side track. The railcar carrying that
missile was broken into, setting off alarms within the DoD
and causing the shutdown of a nearby freeway. This
incident illustrates the concern about leaving railcars
containing hazardous materials unprotected. This bill
prohibits railroads from leaving railcars containing
hazardous materials unattended outside of terminals. Nor
can railroads permit these trains from crossing roads
unattended. The bill defines unattended as the absence of
a crewmember onboard the train or within a line of sight to
the portion of the train containing hazardous materials.
This provision would prohibit the use of remote control
locomotives on trains containing hazardous materials.
3. No Opinion - The railroads have not contacted the
Committee with an opinion on this bill.
4. Related legislation - SB 419 (Simitian), which creates a
hazardous tank car database, is pending in the Assembly
Transportation Committee. SB 578 (Escutia), which requires
notification to emergency responders in the event of an
uncontrolled movement of hazardous materials, is pending in
the Assembly Appropriations Committee. SB 1047 (Bowen),
which deal with reporting requirements on railroad
accidents and hazardous materials spills, is pending in the
Assembly Utilities and Commerce Committee. SJR 13
(Escutia), which urges Congress to delegate more railroad
safety authority to the states, is pending in this
committee.
ASSEMBLY VOTES
Assembly Floor (72-6)
Assembly Appropriations Committee (18-0)
Assembly Utilities and Commerce Committee
(10-1)
POSITIONS
Sponsor:
California Teamsters Public Affairs Council
Support:
California Public Utilities Commission (with amendments)
Oppose:
None on file
Randy Chinn
AB 962 Analysis
Hearing Date: June 30, 2005