BILL ANALYSIS AB 1010 Page 1 Date of Hearing: April 11, 2005 ASSEMBLY COMMITTEE ON TRANSPORTATION Jenny Oropeza, Chair AB 1010 (Oropeza) - As Amended: April 6, 2005 SUBJECT : Rail transit SUMMARY : Shifts responsibility for oversight of specified at-grade rail crossings from the Public Utilities Commission (PUC) to the Department of Transportation (Caltrans). EXISTING LAW provides that any public transit guideway (tracks) planned, acquired, or constructed after January 1, 1979, is subject to the regulations of the PUC relative to safety appliances and procedures. FISCAL EFFECT : Unknown. COMMENTS : The federal government has designated the responsibility for rail public transit safety to state governments. In California, these functions, including those related to at-grade light rail lines, and rail crossing applications rest with the PUC. A quasi-judicial regulatory process is utilized to carry out these review functions. The agency has safety oversight responsibility for all public and private highway-rail crossings as well as the power to establish funding priorities for construction of new at-grade highway-rail crossings (where roads and tracks intersect at the same level) and construction of grade separations (underpasses or overheads where train tracks are above or below the roadway). PUC staff reviews proposals for crossings, investigates deficiencies of warning devices or other safety features at existing at-grade crossings, and recommends engineering improvements to prevent accidents. According to a report from the Governor's California Performance Review (CPR) Commission, there are fifty railroad corporations operating within California, and there are about 11,000 public grade crossings located within 52 counties and 400 cities. Caltrans has a division known as the Rail Crossing Safety & Track Branch which reviews the list of eligible projects. This Branch authorizes the local agencies to begin project AB 1010 Page 2 development and obtain required funding. If all requirements are met, Caltrans enters into contracts with the railroads and local agencies to improve the crossings. According to representatives of the Federal Railroad Administration (FRA), in most states the department of transportation assumes responsibility for the rail crossing program as well as the rail safety program. Apparently, only a few states (California, Ohio, and Illinois) require that a regulatory agency review and prioritize rail crossing improvement projects. The involvement of two agencies can result in duplication of effort and can add uncertainty or confusion for local agencies as well as extra time to complete the project. Little Hoover Commission In 1996, the Little Hoover Commission (LHC) recommended that the Governor and the Legislature transfer PUC's rail planning and safety functions to the Business, Transportation and Housing (BT&H) Agency. In its discussion on rail safety, LHC indicated that multi-purpose regulation of the railroads is no longer a critical function of the PUC. It stated that the dual-agency coordination, review and prioritization of projects can slow the process. In its report, LHC refers to a 1996 U.S. Department of Transportation (U.S. DOT) report entitled "Accidents That Shouldn't Happen," that identified a need to coordinate warning signal inspections, track and highway maintenance, and a need for better coordination in setting standards and designing highway-rail crossings. According to a representative of the Los Angeles Economic Development Corporation (LAEDC), the rail crossing safety project process has been a source of significant problems over the past few years. Application approvals for new crossings have been taking six to eight months for uncontested matters and up to two years on crossings that are contested. According to PUC's description of the Rail Crossings Engineering Section 13, staff are responsible for the functions referred to AB 1010 Page 3 in this proposal; eight are located in Los Angeles, two are located in San Francisco, and three are located in Sacramento. The CPR Report estimates that the relocation expenses for these employees are estimated to be a one-time cost of $250,000 during the 2005-2006 fiscal year. In addition, there will be $53,000 in costs associated with moving the office operations to Sacramento. Shifting this responsibility to Caltrans would result in the integration of rail planning and oversight responsibilities within Caltrans. With the exception of charter party carriers and household goods carriers, PUC has few other transportation-related functions. The California Public Utilities' Commission (CPUC) has historically held jurisdiction over whether or not a public transportation rail crossing meets the letter of the law as it relates to the appropriate public safety notices and devices. In late 2004, a court held the opinion that in the case of Santa Clara Valley Transportation Authority vs. California Public Utilities' Commission that the CPUC did not have the authority to review these types of projects, so long as all the appropriate safety precautions, spelled-out in statute, were followed. REGISTERED SUPPORT / OPPOSITION : Support California Transit Association (sponsor) Santa Clara Valley Transit Association Opposition None received Analysis Prepared by : Andrew Antwih / TRANS. / (916) 319-2093