BILL ANALYSIS Ó
AJR 42
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Date of Hearing: June 20, 2016
ASSEMBLY COMMITTEE ON TRANSPORTATION
Jim Frazier, Chair
AJR 42
(Dodd) - As Introduced June 1, 2016
SUBJECT: Transport by rail of flammable and combustible liquids
SUMMARY: Urges the President of the United States, Congress,
and certain federal agencies to expedite rulemaking and to enact
federal laws related to safe rail transport of flammable and
combustible liquids. Specifically, this resolution:
1)Makes declarations regarding the increase in oil production
and the associated risks of its transport in North America.
2)Urges the President of the United States, United States
Department of Transportation (USDOT), United States Department
of Energy, and the Office of Management and the Budget to
expedite rulemaking and to implement a process to establish
federal safety regulations governing the transport of
flammable and combustible liquids by rail.
3) Urges the President and Congress to pass federal
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legislation mandating critical public safety improvements
included in the Crude-By-Rail Safety Act [House Resolution
(HR) 1804 Rep. McDermott (WA-7)].
4)Urges the President and Congress to pass federal legislation
mandating critical public safety improvements included in HR
1679 [Rep. Garamendi (CA-3)] that would authorize Bakken crude
oil to be transported by rail only if it has a specified vapor
pressure.
EXISTING LAW:
1) Requires, pursuant to federal law, that each state establish
a commission to coordinate and supervise federal programs
related to hazardous material emergencies.
2) Regulates, pursuant to federal law, hazardous materials
transportation and requires inspection of shipments by rail
under regulations developed by the federal Pipeline and
Hazardous Materials Safety Administration.
3) Requires the Office of Emergency Services to assist local
governments in their emergency preparedness, response,
recovery, and hazard mitigation efforts.
4) Requires all rail operators to provide a risk assessment to
the California Public Utilities Commission, the Director of
Homeland Security, and the California Emergency Management
Agency that describes the locations, types, and frequency of
hazardous cargo movement across rail facilities as well as to
develop training and emergency response procedures.
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FISCAL EFFECT: This resolution has been keyed non-fiscal by the
Legislative Counsel.
COMMENTS: According to the author, it is imperative that
federal agencies expedite rulemaking and implementation of
federal safety regulations governing transport of volatile
liquids by rail, including crude oil. The author points out
that because federal preemptions prevent states and local
jurisdictions from taking action to require specific rail safety
protocols, states are relying on swift action by the federal
government to ensure that these materials are transported
safely. He notes that rail safety provisions have been passed
at the federal level specifically require the retrofitting of
certain types of rail cars; however, the timeline set in federal
statute to complete the retrofit has been protracted and
meanwhile, communities along rail corridors are left vulnerable.
To address this concern, the author has introduced this
resolution that petitions Congress to expedite the
implementation of various safety regulations and to pass and
ultimately enact
HR 1804, the Crude-By-Rail Safety Act, authored by
Representative Jim McDermott and co-sponsored by Congressman
Mike Thompson (CA-5), and HR 1679, the Bakken Crude
Stabilization Act of 2015, introduced by Representative John
Garamendi.
HR 1804 would establish a maximum volatility standard for crude
oil, prohibit the use certain outdated rail tank cars, require
comprehensive oil spill response planning and studies, increase
fines for violating volatility and hazmat transport standards,
require disclosure of train move-ments through communities and
corresponding emergency response plans, and require railroads to
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implement a confidential close-call reporting system. HR 1679
would reduce the volatility of oil transported by rail thereby
improving safe transport and reducing risk of explosion.
Previous legislation: SB 730 (Wolk), Chapter 283, Statutes of
2015, prohibits a freight train from being operated in
California unless it has a crew consisting of at least two
individuals.
SJR 27 (Padilla), Chapter 114, Statutes of 2014, urged USDOT,
and other relevant federal agencies, as it relates to the rail
transport of crude oil, to safeguard communities and
environmentally sensitive areas from rail accidents, prioritize
safety over cost-effectiveness, mandate best practices, and
improve tank car design and standards.
SB 506 (Hill) of 2014, would have, among other things, imposed a
fee on owners of hazardous materials at the time the hazardous
material is transported on rail by a tank car in the state and
that the monies are used to pay for planning, development, and
maintenance of emergency response to railroad accidents
involving tank cars carrying hazardous materials. SB 506 was
pulled by the author and was not heard by this committee.
SB 380 (Dickenson), Chapter 533, Statutes of 2014, required rail
carriers to submit specified information regarding the transport
of hazardous materials and Bakken oil to the Office of Emergency
Services for the purposes of emergency response planning.
REGISTERED SUPPORT / OPPOSITION:
Support
None on file
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Opposition
None on file
Analysis Prepared by:Victoria Alvarez / TRANS. / (916) 319-2093