BILL NUMBER: SB 578	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Escutia

                        FEBRUARY 18, 2005

   An act to amend Sections 309.7 and 7661 of the Public Utilities
Code, relating to railroads.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 578, as introduced, Escutia.   Railroads: safety.
   Existing law establishes the safety division of the Public
Utilities Commission. The safety division is responsible for
inspection, surveillance, and investigation of the rights-of-way,
facilities, equipment, and operations of railroads and public mass
transit guideways, and for enforcing state and federal laws,
regulations, orders, and directives relating to transportation of
persons or commodities, or both, of any nature or description, by
rail.
   This bill would replace references to the safety division with
references to the consumer protection and safety division.
   Existing law requires every railroad corporation that transports
hazardous materials, as defined, in the state to provide a system map
of the state to the Office of Emergency Services and to the
commission, showing certain information, to annually submit a copy of
its emergency handling guidelines to the office, and to provide
specified information in the event of an incident where there is a
release or threatened release of a hazardous material.  Existing law
requires the commission to require every railroad corporation
operating in this state to develop, in consultation with, and with
the approval of, the Office of Emergency Services, a protocol for
rapid communications with that office, the Department of the
California Highway Patrol, and designated county public safety
agencies in an endangered area if there is a runaway train or any
other uncontrolled train movement that threatens public health and
safety. Existing law requires a railroad corporation to promptly
notify the office, the department, and the public safety agencies,
through a communication to the Warning Center of the office, if there
is a runaway train or other uncontrolled train movement threatening
public safety, in accordance with the developed communications
protocol.
   This bill would provide that if a runaway train or uncontrolled
train movement involves any railcar carrying a hazardous substance,
as defined, the railroad corporation is required to promptly notify
the Office of Emergency Services, the Department of the California
Highway Patrol, and designated county public safety agencies in an
endangered area, whether or not an accident or spill occurs. The bill
would require the consumer protection and safety division of the
commission to investigate any incident that results in a notification
pursuant to this requirement, and to report its findings concerning
the cause or causes to the commission and for the commission to
include the division's report in its annual report to the
Legislature.
   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.  The Legislature finds and declares each of the
following:(a) The transportation of hazardous materials by railroads
through urban areas in California poses a potential danger that
warrants heightened care by railroads and by the state, to prevent
accidents and spills.
   (b) Recent accidents in other states involving the release of
toxic substances in lethal amounts, resulting in widespread injury
and death, illustrate the need for reassessment by both state and
federal authorities of equipment and facility standards, inspection
and maintenance programs, and enforcement procedures.
  SEC. 2.  Section 309.7 of the  Public Utilities Code  is amended to
read:
   309.7.  (a) The  safety  division of the
commission  responsible for consumer protection and safety 
shall be responsible for inspection, surveillance, and investigation
of the rights-of-way, facilities, equipment, and operations of
railroads and public mass transit guideways, and for enforcing state
and federal laws, regulations, orders, and directives relating to
transportation of persons or commodities, or both, of any nature or
description by rail. The  consumer protection and  safety
division shall advise the commission on all matters relating to rail
safety, and shall propose to the commission rules, regulations,
orders  ,  and other measures necessary to reduce the
dangers caused by unsafe conditions on the railroads of the state.
The delegation of enforcement responsibility to the  rail
  consumer protection and  safety division shall
not diminish the power of other agencies of state government to
enforce laws relating to employee or environmental safety  ,
 pollution prevention  ,  or public health and safety.
(b) In performing its duties, the  consumer protection and 
safety division shall exercise all powers of investigation granted to
the commission, including rights to enter upon land or facilities,
inspect books and records, and compel testimony. The commission shall
employ sufficient federally certified inspectors to ensure at the
time of inspection that railroad locomotives and equipment and
facilities located in class I railroad yards in California are
inspected not less frequently than every 180 days, and all main and
branch line tracks are inspected not less frequently than every 12
months. In performing its duties, the safety division shall consult
with representatives of railroad corporations, labor organizations
representing railroad employees, and the Federal Railroad
Administration.
   (c) The general counsel shall assign to the  consumer
protection and  safety division the personnel and attorneys
necessary to fully utilize the powers granted to the commission by
any state law, and by any federal law relating to rail
transportation, including, but not limited to, the Federal Rail
Safety Act (45 U.S.C. Secs. 421m, et seq.), to enforce safety laws,
rules, regulations, and orders, and to collect fines and penalties
resulting from the violation of any safety rule or regulation.
   (d) The activities of the  consumer protection and 
safety division that relate to safe operation of common carriers by
rail, other than those relating to grade crossing protection, shall
also be supported by the fees paid by railroad corporations, if any,
pursuant to Sections 421 to 424, inclusive. The activities of the
 consumer protection and  safety division that relate to
grade crossing protection shall be supported by funds appropriated
therefor from the State Highway Account in the State Transportation
Fund. On or before November 30 of each year, the commission shall
report to the Legislature on the activities of the safety division,
and shall fully document in the report all expenditures of those
funds in the audit report provided in subdivision (f) of Section 421.

  SEC. 3.  Section 7661 of the  Public Utilities Code  is amended to
read:
   7661.  (a) The commission shall require every railroad corporation
operating in this state to develop, within 90 days of the effective
date of the act adding this section, in consultation with, and with
 the  approval  by   of  , the
Office of Emergency Services, a protocol for rapid communications
with the Office of Emergency Services, the Department of the
California Highway Patrol, and designated county public safety
agencies in an endangered area if there is a runaway train or any
other uncontrolled train movement that threatens public health and
safety.(b) A railroad corporation shall promptly notify the Office of
Emergency Services, the Department of the California Highway Patrol,
and designated county public safety agencies, through a
communication to the Warning Center of the Office of Emergency
Services, if there is a runaway train or any other uncontrolled train
movement that threatens public health and safety, in accordance with
the railroad corporation's communications protocol developed
pursuant to subdivision (a).  
   (c) If the runaway train or uncontrolled train movement involves
any railcar carrying a hazardous substance as defined in Section
25501 of the Health and Safety Code, the notification required
pursuant to subdivision (b) shall include the information required by
subdivision (c) of Section 7673, whether or not an accident or spill
occurs.  
   (d) The consumer protection and safety division shall investigate
any incident that results in a notification required pursuant to
subdivision (b), and shall report its findings concerning the cause
or causes to the commission.  The commission shall include the
division's report in its report to the Legislature pursuant to
Section 316.