BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                   SB 578|
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                                 THIRD READING


          Bill No:  SB 578
          Author:   Escutia (D)
          Amended:  5/4/05
          Vote:     21

           
           SENATE ENERGY, UTIL. & COMMUNICATIONS COMM.  :  8-0, 4/5/05
          AYES:  Escutia, Alarcon, Bowen, Campbell, Dunn, Kehoe,  
            Murray, Simitian
          NO VOTE RECORDED:  Morrow, Battin, Cox

           SENATE ENVIRONMENTAL QUALITY COMMITTEE  :  7-1, 4/25/05
          AYES:  Lowenthal, Runner, Campbell, Chesbro, Escutia,  
            Kuehl, Simitian
          NOES:  Cox
          NO VOTE RECORDED:  Figueroa

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8


           SUBJECT  :    Railroads:  safety

           SOURCE  :     Author


           DIGEST  :    This bill requires railroad corporations to  
          include specified information relating to hazardous  
          materials and in certain events, of train and track  
          locations, whether or not an accident or spill occurs, when  
          notifying the Office of Emergency Services about train  
          incidents.

           ANALYSIS  :    Existing law requires railroads to annually  
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          submit to the Office of Emergency Services (OES) emergency  
          handling guidelines for the transportation of hazardous  
          materials.

          Existing law requires railroads, if there is a train  
          incident resulting in a release of hazardous material, or  
          an overturned car or an impact that threatens a release of  
          hazardous material, to provide the emergency response  
          agency with (1) a list of each car in the train and the  
          order of the cars, (2) the contents of each car, (3)  
          identification of the cars and contents in the train  
          involved in the incident, and (4) emergency handling  
          procedures for the hazardous material involved.

          Existing law requires railroads to promptly notify OES if  
          there is a runaway train or any other uncontrolled train  
          movement that threatens public health and safety.
           
           This bill provides that the required OES notification is to  
          include the following information, whether or not an  
          accident or spill occurs:

          1. The same information that would be required if there  
             were a train incident that released hazardous materials.

          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.

          This bill requires the California Public Utilities  
          Commission's (CPUC) 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 CPUC, and for  
          the CPUC to include the information in its annual report to  
          the Legislature.
           
          Comments

           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 mph.   







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          Twenty-five minutes after breaking free, and 28 miles down  
          the tracks, the cars were intentionally derailed in the  
          City of Commerce destroying two homes, damaging several  
          more, but causing 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.  

          Federal regulations require railcars carrying specified  
          hazardous materials to carry external warning placards.   
          These placards, required on both ends of the railcar,  
          identify the class of hazard (e.g. explosives, toxic  
          materials, radioactive).  The federal Department of  
          Homeland Security (DHS) is concerned that the placards will  
          help terrorists find targets.  DHS has therefore proposed  
          eliminating the placard requirement, making it much more  
          difficult for terrorists to identify targets but also  
          making it harder for public safety agencies to identify and  
          properly respond to hazardous material spills.

          This has been a bad year for train accidents.  In January  
          2005, a train accident in South Carolina resulted in a  
          chlorine gas spill.  That accident killed nine, injured  
          hundreds and led to the evacuation of 5,400 people.  Also  
          in January, a train accident in Glendale killed 11 and  
          hospitalized over 200 people.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

           SUPPORT  :   (Verified  5/25/05)

          California Public Utilities Commission
          California Teamsters Public Affairs Council


          NC:mel  5/25/05   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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