BILL ANALYSIS Ó
AJR 42
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ASSEMBLY THIRD READING
AJR
42 (Dodd)
As Introduced June 1, 2016
Majority vote
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Transportation |14-0 |Frazier, Linder, | |
| | |Baker, Bloom, Brown, | |
| | |Chu, Daly, Dodd, | |
| | |Eduardo Garcia, | |
| | |Gomez, Kim, Melendez, | |
| | |Nazarian, O'Donnell | |
| | | | |
| | | | |
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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.
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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 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.
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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.
FISCAL EFFECT: None. This resolution is 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
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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
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.
Analysis Prepared by:
Victoria Alvarez / TRANS. / (916) 319-2093 FN: 0003539