BILL NUMBER: SB 578 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 29, 2005
PASSED THE ASSEMBLY AUGUST 25, 2005
AMENDED IN ASSEMBLY JUNE 29, 2005
AMENDED IN SENATE MAY 4, 2005
AMENDED IN SENATE APRIL 13, 2005
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, 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. Pursuant to existing law, the commission has adopted General
Order 161 adopting rules and regulations governing the transportation
of hazardous materials by rail. 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 require a railroad corporation 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, of certain information relative to hazardous
materials, and in certain events, of train and track locations,
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 would require the commission to include
the division's report in its annual railroad safety report to the
Legislature.
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 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
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. Sec. 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 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) The notification required pursuant to subdivision (b) shall
include the following information, whether or not an accident or
spill occurs:
(1) The information required by subdivision (c) of Section 7673.
(2) In the event of a runaway train, a train list.
(3) In the event of an uncontrolled train movement or uncontrolled
movement of railcars, a track list or other inventory document if
available.
(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 7711.