BILL ANALYSIS
SB 1047
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Date of Hearing: July 6, 2005
ASSEMBLY COMMITTEE ON UTILITIES AND COMMERCE
Lloyd E. Levine, Chair
SB 1047 (Bowen) - As Introduced: February 22, 2005
SENATE VOTE : 38 - 0
SUBJECT : Railroad corporations. Safety.
SUMMARY : This bill changes a railroad derailment accident site
reporting requirement from a five-year accident history to a
two-year accident history on an annual report from the
California Public Utilities Commission (PUC) to the Legislature.
EXISTING LAW :
1)Requires the PUC 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 the previous five years.
2)Authorizes the PUC to require every railroad corporation to
construct, maintain, and operate its line, plant, system,
equipment, apparatus, tracks, and premises in a manner so as
to promote and safeguard the health and safety of its
employees, passengers, customers, and the public.
FISCAL EFFECT : Unknown.
COMMENTS :
1)Background: In 1991, following a number of rail accidents,
including a train derailment
that caused 19,000 gallons of highly toxic pesticide to leak
into the Sacramento River near Dunsmuir, the Legislature passed
SB 152, Chapter 767, Statutes of 1991, directing the PUC to
collect fees from railroads to improve railroad safety. As a
result, the PUC created the Rail Safety and Carriers Division
which has regulatory and safety oversight of over 50 railroad
corporations, rail transit systems, and household goods and
passenger transportation companies.
2)Public safety implications: Current law requires the PUC to
SB 1047
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annually provide the Legislature
with a report containing a list of all railroad derailment
accident sites occurring with the previous five years. This
bill will restrict the required reporting of railroad derailment
accident sites contained in the PUC report to the most recent
two year period. According to data from the Federal Railroad
Administration (FRA), there have been 816 reported train
derailments in California over the past five years. Under this
bill, only 359 of these derailments would be reported.
Therefore, this bill will reduce the amount of information
available to the Legislature, public safety personnel, and
others responsible for the improvement of rail safety in
California. If it is intent of the author to increase railroad
safety reporting, the committee may want to consider amending
the bill to require the PUC to provide a report containing
railroad derailment information for the previous 10 years.
3)Related Legislation: AB 962 (Nunez) requires railroad
corporations to immediately notify
the PUC of rail accidents involving the release of hazardous
materials. AB 962 was passed by
this committee on a 10 - 1 vote on April 25, 2005 and is pending
in the Senate Energy, Utilities and Commerce committee.
REGISTERED SUPPORT / OPPOSITION :
Support
None on file.
Opposition
None on file.
Analysis Prepared by : Adam Hunt / U. & C. / (916) 319-2083