BILL NUMBER: SB 1064	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Hill

                        FEBRUARY 18, 2014

   An act to add Section 765 to the Public Utilities Code, relating
to railroads.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1064, as introduced, Hill. Public Utilities Commission:
railroads: safety.
   Existing law provides that the Public Utilities Commission has
certain responsibilities for the inspection, surveillance, and
investigation of the rights-of-way, facilities, equipment, and
operations of railroads, including public mass transit guideways, and
for enforcement of state and federal laws, regulations, orders, and
directives relative to railroad safety.
   Existing law, with respect to safety recommendations of the
National Transportation Safety Board (NTSB) concerning gas pipelines,
requires the commission to respond to a safety recommendation letter
sent to the commission by the NTSB within 90 days. Existing law
requires the commission, in its response to the NTSB, to indicate
whether the commission intends to implement the recommendations in
whole or in part, or whether the commission refuses to implement the
recommendations, as specified. Existing law requires the commission's
decision to be detailed in writing and to be approved by a majority
vote of commissioners. Existing law requires the commission to issue
orders or adopt rules to implement the NTSB recommendations if the
commission determines that they are appropriate. Existing law
requires the commission to report on any action taken on NTSB
recommendations in an annual report submitted to the Legislature.
   This bill would enact similar provisions applicable to NTSB safety
recommendations concerning railroads.
   Under existing law, a violation of an order, decision, rule,
direction, demand, or requirement of the commission is a crime.
   Because this bill would require the commission to issue orders or
adopt rules to implement any safety recommendation of the NTSB
relative to railroads that the commission determines to be
appropriate, and a violation of those orders or rules would be a
crime, this bill would impose a state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 765 is added to the Public Utilities Code, to
read:
   765.  (a) When the federal National Transportation Safety Board
(NTSB) submits a safety recommendation letter concerning railroad
safety to the commission, the commission shall provide the NTSB with
a formal written response to each recommendation no later than 90
days after receiving the letter. The response shall state one of the
following:
   (1) The commission's intent to implement the recommendations in
full, with a proposed timetable for implementation of the
recommendations.
   (2) The commission's intent to implement part of the
recommendations, with a proposed timetable for implementation of
those recommendations, and detailed reasons for the commission's
refusal to implement those recommendations that the commission does
not intend to implement.
   (3) The commission's refusal to implement the recommendations,
with detailed reasons for the commission's refusal to implement the
recommendations.
   (b) If the NTSB issues a safety recommendation letter concerning
any commission-regulated railroad facility to a commission-regulated
rail operator or to the commission, the commission shall determine if
implementation of the recommendation is appropriate. The basis for
the commission's determination shall be detailed in writing and shall
be approved by a majority vote of the commission.
   (c) If the commission determines that a safety recommendation made
by the NTSB is appropriate, the commission shall issue orders or
adopt rules to implement the safety recommendations as soon as
practicable. In implementing the safety recommendation, the
commission shall consider whether a more effective, or equally
effective and less costly, alternative exists to address the safety
issue that the recommendation addresses.
   (d) Any action taken by the commission on a safety recommendation
letter shall be reported annually, in detail, to the Legislature with
the report required by Section 321.6. Any correspondence from the
NTSB indicating that a recommendation has been closed following an
action that the NTSB finds unacceptable shall be noted in the report
required by Section 321.6.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.