BILL ANALYSIS
AB 962
Page 1
GOVERNOR'S VETO
AB 962 (Nunez)
As Amended September 2, 2005
2/3 vote
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|ASSEMBLY: |72-6 |(May 31, 2005) |SENATE: |26-13|(September 7, |
| | | | | |2005) |
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|ASSEMBLY: |44-33|(September 8, | | | |
| | |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
AB 962
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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
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 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.
GOVERNOR'S VETO MESSAGE :
"This measure, opposed by union representatives and railroad
corporations alike, would impose state-only standards on the
operation of railroads in California. The courts have
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consistently invalidated state laws based on preemption by the
Federal Railway Safety Act. Uniform nationwide laws are
critical to maintaining safe operations.
"While this bill was introduced to improve safety, it ironically
could have the opposite effect for employees, passengers, and
the public."
Analysis Prepared by : Gina Mandy / U. & C. / (916) 319-2083
FN: 0013520