BILL NUMBER: AB 1010	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 6, 2005

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   to add Section 99152.1 to, and
to repeal Section 778 of , the Public Utilities Code, relating
to transportation.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1010, as amended, 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 778 of the   Public Utilities
Code   is repealed.  
   778.  The commission shall adopt rules and regulations, which
shall become effective on July 1, 1977, relating to safety appliances
and procedures for rail 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.
   The commission shall submit the proposed rules and regulations to
the Legislature not later than April 1, 1977. 
   SECTION 1. 
  SEC. 2.   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 commission 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. 
   SEC. 3.   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.