BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 962
                                                                  Page  1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 962 (Nunez)
          As Amended September 2, 2005
          Majority vote
           
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          |ASSEMBLY:  |72-6 |(May 31, 2005)  |SENATE: |26-13|(September 7,  |
          |           |     |                |        |     |2005)          |
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           Original Committee Reference:    U. & C.  

           SUMMARY  :  Imposes safety requirements on a railroad corporation  
          regarding signage, markers, flagging systems and the operation  
          of remote control locomotives. 

           The Senate amendments  :  

           1)Delete provisions creating specific rules on when a railroad  
            corporation shall display specified flags and instead requires  
            railroad corporations to utilize flagging systems consistent  
            with federal law. 

          2)Delete a provision prohibiting a railroad corporation from  
            leaving a train with hazardous materials unattended. 

          3)Amend a requirement that a railroad corporation notify the  
            California Public Utilities Commission (PUC) of accidents  
            consistent with federal law and instead requires railroad  
            corporations to notify the Office of Emergency Services of  
            those accidents. 

           AS PASSED BY THE ASSEMBLY  , this bill: 

          1)Prohibited 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)Codified various railroad corporation operating regulations  
            governing the placement of signage, markers, and flagging  
            systems on railroad lines.

          3)Required a railroad corporation to notify the California  
            Public Utilities Commission (PUC) and the collective  








                                                                  AB 962
                                                                  Page  2

            bargaining representative of any affected employee of any new  
            utilization of remote control locomotives (RCLs).  

          4)Required a railroad corporation to immediately notify the PUC  
            of certain accidents, incidents and other events required by  
            the Code of Federal Regulations. 

           FISCAL EFFECT  :  Minor absorbable costs.

           COMMENTS  :  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.


          This bill requires a railroad corporation to notify both PUC and  
          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  :    Ed Randolph / U. & C. / (916) 319-2083 



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