BILL ANALYSIS                                                                                                                                                                                                    



                                                                       


           ------------------------------------------------------------ 
          |SENATE RULES COMMITTEE            |                  SB 1491|
          |Office of Senate Floor Analyses   |                         |
          |1020 N Street, Suite 524          |                         |
          |(916) 445-6614         Fax: (916) |                         |
          |327-4478                          |                         |
           ------------------------------------------------------------ 
           
                                        
                                 THIRD READING
                                        

          Bill No:  SB 1491
          Author:   Leslie (R), et al
          Amended:  5/24/00
          Vote:     27 - Urgency

            
           SENATE ENERGY, U.&C. COMMITTEE  :  11-0, 4/25/00
          AYES: Bowen, Alarcon, Brulte, Hughes, Kelley, Mountjoy,  
            Murray, Peace, Solis, Speier, Vasconcellos

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8
           

           SUBJECT  :    Railroad crossings:  automated warning devices

           SOURCE  :     Author

           
           DIGEST  :    This bill authorizes the California Public  
          Utility Commission (CPUC) to supervise the operation of  
          pilot projects to evaluate proposed railroad crossing  
          warning devices at designated crossings, with the consent  
          of specified parties.

           Senate Floor Amendments  of 5/24/00 make technical changes  
          by requiring the CPUC to evaluate the pilot projects on a  
          case by case basis.

           ANALYSIS  :    Current law requires the sounding of a  
          locomotive bell or whistle at least 1,320 feet from the  
          place where the railroad crosses any street, with certain  
          exceptions.

          This bill adds an exception to current law in the case  
                                                           CONTINUED





                                                               SB 1491
                                                                Page  
          2

          where the railroad crossing has a permanently installed  
          audible warning device that automatically sounds when an  
          approaching train is at least 1,320 feet from the crossing.

          This bill authorizes, on an application by application  
          basis, CPUC to supervise the operation of pilot projects  
          for the purpose of evaluating proposed railroad crossing  
          warning devices or new technology at designated crossings,  
          with the consent of the local jurisdiction, the affected  
          railroad, and other interested parties.

          This bill declares the intent of the Legislature that the  
          CPUC authorize pilot projects, after an application is  
          filed and approved, in at least the communities of  
          Roseville and Lathrop to test the utility and safety of  
          stationary, automated audible warning devices as an  
          alternative to trains having to sound their horns as they  
          approach railroad crossings.

           Background  :

          The City of Roseville asked the CPUC for permission to  
          create a pilot project to install an automated horn system  
          at two railroad crossings as an alternative to having  
          trains sound their whistles as they approach the crossings.  
           This automated horn system, known as a "wayside horn," has  
          the potential to reduce noise pollution because the horns  
          are stationary, located at the crossing, and can be  
          directed down the street - as opposed to a train whistle,  
          which sounds for about a quarter mile as a train approaches  
          a crossing.  

          The CPUC didn't grant the City of Roseville's request for a  
          pilot project because it found the project ran contrary to  
          state law - the state law this bill proposes to change.

          Some cities, including Sacramento, have established "quiet  
          zones" in which train whistles are either banned or  
          restricted.  The Federal Railroad Administration (FRA), the  
          federal agency responsible for railroad safety, is  
          formulating draft regulations to limit "quiet zones" to  
          areas only where supplementary safety measures are  
          installed, such as four quadrant gates. (Public hearings  
          were held on these draft regulations in Los Angeles on  







                                                              SB 1491
                                                                Page  
          3

          March 15 and are being held throughout the country over the  
          next month). 

          These regulations are in response to an FRA study of   
          Florida's train whistle ban, which found that trains not  
          sounding their whistles were far likelier to have a  
          collision than trains which did sound their whistles.   
          Because the supplementary safety measures are costly (e.g.  
          the author estimates the four quadrant gates cost about  
          $250,000) the consequence of the FRA regulations will be to  
          effectively eliminate "quiet zones."

           Comments  :

           Relevance of Prior Study  ?  The FRA has evaluated the  
          wayside horns proposed in this bill, having commissioned a  
          study of such a system that is deployed in Nebraska.  That  
          study noted that using a wayside horn in lieu of the train  
          whistle reduced net community noise impacts, but the report  
          questions how effective that particular system was in  
          alerting motorists.  The FRA noted the study "did not  
          contain adequate data or analysis to permit a determination  
          of whether a wayside horn could fully substitute for a  
          train-born audible warnings (sic)."  However, the study  
          itself does note "the wayside horn shows promise as a  
          warning device that can reduce community noise impact  
          without adversely affecting safety."

           Public Safety  .  The purpose of having a train sound its  
          whistle as it approaches a crossing is to warn pedestrians,  
          drivers, and others that a train is indeed coming down the  
          tracks.  The question posed by this bill is -- in the  
          absence of quiet zones or the use of four quadrant gates --  
          whether it's better to have the whistle sounded from the  
          train as it approaches the crossing or from the crossing  
          gate as the train approaches.

          According to RCL, a wayside horn manufacturer, wayside  
          horns have been installed in five cities throughout the  
          United States without any grade crossing accidents.

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








                                                               SB 1491
                                                                Page  
          4

           SUPPORT  :   (Verified  5/24/00)

          Orange County Transportation Authority
          Roseville Chamber of Commerce


           ARGUMENTS IN SUPPORT  :    This bill proposes to evaluate the  
          effectiveness of wayside horns by conducting pilot projects  
          and in turn providing the analysis of those projects to the  
          FRA in the hope that the wayside horn can provide for  
          adequate safety and less nuisance than sounding the train  
          whistle in the more traditional fashion.

          NC:jk  5/25/00   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

                                ****  END  ****