BILL ANALYSIS
SB 578
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Alan S. Lowenthal, Chairman
2005-2006 Regular Session
BILL NO: SB 578
AUTHOR: Escutia
AMENDED: April 13, 2005
FISCAL: Yes HEARING DATE: April 25, 2005
URGENCY: No CONSULTANT: Bruce Jennings
SUBJECT : RAILROADS: SAFETY
SUMMARY :
Existing law :
1) Requires railroads to annually submit to the Office of
Emergency Services (OES) emergency handling guidelines for
the transportation of hazardous materials.
2) Requires railroads, if there is a train incident resulting
in a release of hazardous materials, or an overturned car
or an impact that threatens a release of hazardous
materials, to provide the emergency response agency with
the following:
a) A list of each car in the train and the order of the
cars;
b) The contents of each car;
c) The identification of the cars and contents in the
train involved in the incident;
d) Emergency procedures for the release of a hazardous
material.
3) Requires railroads to promptly notify OES if there is a
runaway train or any other uncontrolled train movement that
threatens health and safety.
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This bill :
1) Requires railroads, if there is a runaway train or any
other uncontrolled train movement that threatens public
health and safety and that train contains railcars carrying
hazardous materials, to include in their OES notification
the same information that would be required if there were a
train incident that released hazardous material, i.e.,
notification to OES, the California Highway Patrol, and
designated county public safety agencies.
2) Requires the California Public Utilities Commission's
consumer protection and safety division to investigate any
runaway train or uncontrolled train movement that involves
any railcar containing hazardous material and to report its
findings to the Commission.
COMMENTS :
1) Purpose of Bill . On June 20, 2003, 31 cars of a Union
Pacific freight train escaped from a rail yard in
Montclair, rolling uncontrolled through Pomona and reaching
speeds of up to 86 miles per hour. Twenty-five minutes
after breaking free, and 28 miles down the tracks, the cars
were intentionally derailed in the City of Commerce,
destroying or damaging several homes, but with no loss of
life. This accident was the catalyst for a state law
requiring railroads to notify OES of any uncontrolled train
movement that threatens public health and safety. This
bill expands this requirement to those instances where
there is any uncontrolled train movement to those instances
where there is any uncontrolled train movement involving
railcars carrying hazardous materials. This notification
would include the list of railcars, their contents, and
emergency handling procedures for the hazardous materials
in those railcars.
2) Tracking Cars & Their Contents . Railroads have centralized
methods for tracking railcars and their contents when the
cars are part of a train that has been made up and is en
route to a destination (train list). The ability to give
OES and first responders the notice required by the bill
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about the presence and location of hazardous materials in
an emergency situation involving a train is unimpaired.
Railcars and their contents are also tracked in a rail yard or
switchyard when they are located in a particular place
waiting to be connected to a train (the track list).
Railcars that are on a track list can also be made the
subject of the pre-accident notice required by the bill, if
they are involved in an uncontrolled movement.
There may be circumstances, however, when a railcar is being
moved but neither represented on a train list or a track
list. In this case, the notice required by the bill does
not address such cases. Although a reportedly rare
occurrence, this situation accounts for the uncontrolled
movement that resulted in the Commerce runaway incident of
2003. The author, therefore, is offering the following
amendment for adoption by the Environmental Quality
Committee:
Page 4, delete lines 30 through 35, inclusive, and add:
( c ) The notification required pursuant to subdivision
(b) shall include a train list in the event of a runaway
train, or a track list or other inventory document if
available in the event of an uncontrolled movement of
railcars, containing the information required by Section
7673( c ), whether or not an accident or spill occurs.
3) Leak Reports to Third Parties . At least some of the major
tank car carriers operating in California, in addition to
warning placards, typically have an 800 number for the
reporting of leaks or hazardous situations. It does not
appear, however, that the call centers receiving such
information have any direct responsibility to report calls
concerning potential hazards to any California agency, such
as OES. As the measure progresses beyond this committee,
the author may wish to explore further the feasibility of
requiring a third party who receives emergency reporting
about the release of a hazardous materials from rail cars
to also immediately provide this information to the OES.
SOURCE : Senator Escutia
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SUPPORT : California Teamsters Public Affairs Council
OPPOSITION : None on file