BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                   AB 962|
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                                 THIRD READING


          Bill No:  AB 962
          Author:   Nunez (D)
          Amended:  9/2/05 in Senate
          Vote:     21

           
           SENATE ENERGY, U.& C. COMMITTEE  :  9-0, 6/30/05
          AYES:  Escutia, Alarcon, Battin, Bowen, Cox, Dunn, Kehoe,  
            Murray, Simitian
          NO VOTE RECORDED:  Morrow, Campbell

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8

           ASSEMBLY FLOOR :  72-6, 5/31/05 - See last page for vote


           SUBJECT  :    Railroad safety

           SOURCE  :     California Teamsters Public Affairs Council


           DIGEST  :    This bill imposes a variety of operating  
          requirements on railroads related to safe operation.

           Senate floor amendments  of 9/2/05 delete several of the  
          requirements that were included in the bill, including the  
          requirement not to leave trains with hazardous materials  
          unattended.  The amendments also generalize the  
          requirements, replacing much of the specific requirements  
          with a general requirement that railroads must utilize  
          signaling systems consistent with their own rules and  
          federal law.

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           ANALYSIS :    Existing 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:

          1.  Provides that railroads 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.

          2.  Requires railroads to notify the CPUC and their  
            collective bargaining representatives of any new  
            utilization of remote control locomotives.

          3.  Requires railroads to immediately notify the Office of  
            Emergency Services 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:

          1.  May 1989 - A runaway train derails near San Bernardino  
            killing four and destroying seven homes.

          2.  June 1991 - A train derailment near Dunsmuir ruptures a  
            tank car, spilling herbicides and sterilizing 38 miles of  
            the Upper Sacramento River.

          3.  February 1996 - A runaway train at the Cajon pass kills  
            two and forces the closure of I-15 and SR 138 for two  
            days.

          4.  April 2002 - A freight train collides head-on with a  
            Metrolink commuter train near Placentia killing three.

          5.  June 2003 - A runaway train rolls uncontrolled for 33  







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            miles before intentional derailment in the City of  
            Commerce destroying several homes.

          6.  October 2004 - A train derails in Pico Rivera  
            destroying one house and causing evacuation of a  
            neighborhood.

          7.  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.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

           SUPPORT :   (Verified  6/30/05)

          California Teamsters Public Affairs Council (source)
          California Public Utilities Commission (with amendments)


           ASSEMBLY FLOOR  :
          AYES:  Aghazarian, Arambula, Baca, Bass, Benoit, Berg,  
            Bermudez, Blakeslee, Bogh, Calderon, Canciamilla, Chan,  
            Chavez, Chu, Cogdill, Cohn, Coto, Daucher, De La Torre,  
            Dymally, Emmerson, Evans, Frommer, Garcia, Goldberg,  
            Hancock, Harman, Jerome Horton, Shirley Horton, Houston,  
            Huff, Jones, Karnette, Keene, Klehs, Koretz, Laird, Leno,  
            Levine, Lieber, Liu, Matthews, Maze, McCarthy, Montanez,  
            Mullin, Nakanishi, Nation, Nava, Negrete McLeod, Niello,  
            Oropeza, Parra, Pavley, Plescia, Richman, Ridley-Thomas,  
            Sharon Runner, Ruskin, Saldana, Salinas, Spitzer,  
            Strickland, Torrico, Tran, Umberg, Vargas, Walters, Wolk,  
            Wyland, Yee, Nunez
          NOES:  DeVore, Haynes, La Suer, Leslie, Mountjoy, Villines
          NO VOTE RECORDED:  Gordon, La Malfa


          NC:do  9/3/05   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE








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