BILL NUMBER: SB 1047	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JULY 12, 2005

INTRODUCED BY   Senator Bowen

                        FEBRUARY 22, 2005

   An act to amend Section 7711 of the Public Utilities Code,
relating to railroad corporations.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1047, as amended, Bowen  Railroad corporations: safety.
   Under existing law, the Public Utilities Commission is required to
annually report to the Legislature on sites on railroad lines in the
state that it finds to be hazardous, including a list of all
railroad derailment accident sites in the state on which accidents
have occurred within at least the previous  five 
 5  years.
   This bill would require that the report include a list of all
railroad derailment accident sites in the state on which accidents
have occurred within at least the previous  two 
 10  years.
   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.  Section 7711 of the Public Utilities Code is amended to
read:
   7711.  On or before July 1, 1992, and on or before July 1 annually
thereafter, the commission shall report to the Legislature on sites
on railroad lines in the state it finds to be hazardous. The report
shall include, but not be limited to, information on all of the
following:
   (a) A list of all railroad derailment accident sites in the state
on which accidents have occurred within at least the previous
 two   10  years. The list shall describe
the nature and probable causes of the accidents, if known, and shall
indicate whether the accidents occurred at or near sites that the
commission, pursuant to subdivision (b), has determined pose a local
safety hazard.
   (b) A list of all railroad sites in the state that the commission,
pursuant to Section 20106 of Title 49 of the United States Code,
determines pose a local safety hazard. The commission may submit in
the annual report the list of railroad sites submitted in the
immediate prior year annual report, and may amend or revise that list
from the immediate prior year as necessary. Factors that the
commission shall consider in determining a local safety hazard may
include, but need not be limited to, all of the following:
   (1) The severity of grade and curve of track.
   (2) The value of special skills of train operators in negotiating
the particular segment of railroad line.
   (3) The value of special railroad equipment in negotiating the
particular segment of railroad line.
   (4) The types of commodities transported on or near the particular
segment of railroad line.
   (5) The hazard posed by the release of the commodity into the
environment.
   (6) The value of special railroad equipment in the process of
safely loading, transporting, storing, or unloading potentially
hazardous commodities.
   (7) The proximity of railroad activity to human activity or
sensitive environmental areas.
   (c) In determining which railroad sites pose a local safety hazard
pursuant to subdivision (b), the commission shall consider the
history of accidents at or near the sites. The commission shall not
limit its determination to sites at which accidents have already
occurred, but shall identify potentially hazardous sites based on the
criteria enumerated in subdivision (b) and all other criteria that
the commission determines influence railroad safety. The commission
shall also consider whether any local safety hazards at railroad
sites have been eliminated or sufficiently remediated to warrant
removal of the site from the list required under subdivision (b).