BILL NUMBER: SB 1064 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 24, 2014
INTRODUCED BY Senator Hill
FEBRUARY 18, 2014
An act to amend Section 960 of, and to add Section 765
to , the Public Utilities Code, relating to
railroads public utility safety .
LEGISLATIVE COUNSEL'S DIGEST
SB 1064, as amended, Hill. Public Utilities Commission: railroads:
natural gas pipelines: 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.
The Natural Gas Pipeline Safety Act of 2011 designates the
commission as the state authority responsible for regulating and
enforcing federal law with respect to intrastate gas pipeline
transportation and pipeline facilities. When the federal National
Transportation Safety Board (NTSB) submits a safety recommendation
letter concerning gas pipeline safety to the commission, the act
requires the commission, within 90 days, to provide the NTSB with a
formal written response to each recommendation, as specified. When
the NTSB issues a safety recommendation letter concerning any
commission-regulated gas pipeline facility to the United States
Department of Transportation, the federal Pipeline and Hazardous
Materials Safety Administration (PHMSA), a gas corporation, or to the
commission, or the PHMSA issues an advisory bulletin concerning any
commission-regulated gas pipeline facility, the act requires the
commission to determine if implementation of the recommendation or
advisory is appropriate and requires the commission, in that case, to
issue orders or adopt rules to implement the safety recommendations
or advisory as soon as practical and to consider whether specified
alternatives exist to address the safety issue that the
recommendation or advisory addresses. The act additionally requires
the commission to include a detailed description of any action taken
on the recommendations or advisory in a specified annual report to
the Legislature.
This bill would enact similar provisions applicable to NTSB safety
recommendations and Federal Transit Administration (FTA) safety
advisories concerning railroads. With respect to natural
gas pipelines, if the commission receives a correspondence from the
NTSB that indicates that a recommendation of the NTSB has been closed
following an action that the NTSB finds unacceptable, the bill would
require this fact to be noted in the annual
report submitted to the Legislature.
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
and safety advisories of the FTA 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 the United States
Department of Transportation, the Federal Transit Administration, to
a commission-regulated rail operator , or to the
commission, or if the Federal Transit Administration issues a
safety advisory concerning any commission-regulated railroad
facility, the commission shall determine if implementation of
the recommendation or advisory 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, or that action concerning a safety
advisory is necessary, the commission shall issue orders or
adopt rules to implement the safety recommendations or advisory
as soon as practicable. In implementing the safety
recommendation or advisory , the commission shall consider
whether a more effective, or equally effective and less costly,
alternative exists to address the safety issue that the
recommendation or advisory addresses.
(d) Any action taken by the commission on a safety recommendation
letter or safety advisory 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. Section 960 of the Public
Utilities Code is amended to read:
960. (a) When the federal National Transportation Safety Board
(NTSB) submits a safety recommendation letter concerning gas pipeline
safety to the commission, the commission shall provide the NTSB with
a formal written response to each recommendation not 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 gas pipeline facility to the United States
Department of Transportation, the federal Pipeline and Hazardous
Materials Safety Administration (PHMSA), a gas corporation, or to the
commission, or the PHMSA issues an advisory bulletin concerning any
commission-regulated gas pipeline facility, the commission shall
determine if implementation of the recommendation or advisory 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 or that action concerning an advisory
bulletin is necessary, the commission shall issue orders or adopt
rules to implement the safety recommendations or advisory as soon as
practicable. In implementing the safety recommendation or advisory,
the commission shall consider whether a more effective, or equally
effective and less costly, alternative exists to address the safety
issue that the recommendation or advisory addresses.
(d) Any action taken by the commission on a safety recommendation
letter or advisory bulletin shall be reported annually, in detail, to
the Legislature with the report required by Section 321.6. Any
correspondence from the NTSB that indicates that a recommendation of
the NTSB has been closed following an action that the NTSB finds
unacceptable shall be noted in the report required by
Section 321.6.
SEC. 2. SEC. 3. 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.