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  








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          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  








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          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