BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AJR 42


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          ASSEMBLY THIRD READING


          AJR  
          42 (Dodd)


          As Introduced  June 1, 2016


          Majority vote


           ------------------------------------------------------------------ 
          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Transportation  |14-0 |Frazier, Linder,      |                    |
          |                |     |Baker, Bloom, Brown,  |                    |
          |                |     |Chu, Daly, Dodd,      |                    |
          |                |     |Eduardo Garcia,       |                    |
          |                |     |Gomez, Kim, Melendez, |                    |
          |                |     |Nazarian, O'Donnell   |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
           ------------------------------------------------------------------ 


          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