BILL NUMBER: AB 1010	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Oropeza

                        FEBRUARY 22, 2005

   An act to amend Section 99152 of, and to add Sections 99152.1 and
99152.2 to, the Public Utilities Code, relating to transportation.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1010, as introduced, Oropeza.   Rail transit.
   Existing law provides that any public transit guideway planned,
acquired, or constructed after January 1, 1979, is subject to the
regulations of the Public Utilities Commission relative to safety
appliances and procedures.
   This bill would transfer that responsibility to the Department of
Transportation on January 1, 2007.
   Existing law provides that the Public Utilities Commission, among
other things, has exclusive power to determine and prescribe the
manner of a crossing of a street by a railroad. Existing law requires
the commission, in consultation with the Department of
Transportation and rail transit operators, to adopt rules and
regulations prescribing uniform standards regarding the time after
the warning signal begins at a railroad crossing at which traffic
enforcement shall begin.
   This bill, on January 1, 2007, in the case of at-grade or
grade-separated crossing of streets by rail transit services, would
vest exclusive jurisdiction over those matters in the department.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 99152 of the  Public Utilities Code  is amended
to read:
   99152.  Any public transit guideway planned, acquired, or
constructed, on or after January 1, 1979, is subject to regulations
of the Public Utilities Commission relating to safety appliances and
procedures.  However, on and after January 1, 2007, the
department shall succeed to the responsibilities of the commi 
 ssion in that regard.  The commission  , until January
1, 2007, and the department, on and after that date,  shall
inspect all work done on those guideways and may make further
additions or changes necessary for the purpose of safety to employees
and the general public.
   The commission  , until January 1, 2007, and the department,
on and after that date,  shall develop an oversight program
employing safety planning criteria, guidelines, safety standards, and
safety procedures to be met by operators in the design,
construction, and operation of those guideways. Existing industry
standards shall be used where applicable.
   The commission  , until January 1, 2007, and the department,
on and after that date,  shall enforce the provisions of this
section.
  SEC. 2.  Section 99152.1 is added to the  Public Utilities Code ,
to read:
   99152.1.  The department shall adopt rules and regulations, which
shall become effective January 1, 2007, relating to safety appliances
and procedures for rail public transit services operated at grade
and in vehicular traffic. The rules and regulations shall include,
but not be limited to, provisions on grade crossing protection
devices, headways, and maximum operating speeds with respect to the
speed and volume of vehicular traffic within which the transit
service is operated.
  SEC. 3.  Section 99152.2 is added to the  Public Utilities Code ,
to read:
   99152.2.  Effective January 1, 2007, the department shall succeed
to the responsibilities of the commission in Sections 1201 and 1202
relative to at-grade or grade-separated crossings of public streets,
roads, or highways by the tracks of a rail public transit service.
Those crossings shall be subject to the exclusive jurisdiction of the
department.