BILL NUMBER: AB 102 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Rodriguez
JANUARY 8, 2015
An act to amend Section 7718 of the Public Utilities Code,
relating to hazardous materials.
LEGISLATIVE COUNSEL'S DIGEST
AB 102, as introduced, Rodriguez. Railroad safety and emergency
planning and response.
Existing law establishes the Railroad Accident Prevention and
Immediate Deployment Force in the California Environmental Protection
Agency and designates the force as being responsible for providing
immediate onsite response capability in the event of a large-scale
release of toxic materials resulting from a surface transportation
accident. Existing law requires the agency to develop a state
railroad accident prevention and immediate deployment plan, in
consultation with specified state entities, other potentially
affected state, local, or federal agencies, and affected businesses,
and designates the force as being responsible for implementing the
plan, acting cooperatively and in concert with existing local
emergency response units.
This bill would make technical, nonsubstantive changes to these
provisions.
Existing law establishes the Office of Emergency Services under
the supervision of the Director of Emergency Services and makes the
office responsible for the state's emergency and disaster response
services for natural, technological, or manmade disasters and
emergencies.
This bill would declare the intent of the Legislature to
reauthorize the Railroad Accident Prevention and Immediate Deployment
Force, to transfer the force from the California Environmental
Protection Agency to the Office of Emergency Services, and to require
the Office of Emergency Services to designate the force as
responsible for providing onsite response capability in the event of
a large-scale release of toxic materials resulting from a railroad
accident. The bill would make related findings and declarations.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) The Legislature finds and declares the following:
(1) Existing law establishes the Railroad Accident Prevention and
Immediate Deployment Force in the California Environmental Protection
Agency. The force is responsible for providing immediate onsite
response capability in the event of a large-scale release of toxic
materials resulting from a surface transportation accident.
(2) Existing law requires the agency to develop a state railroad
accident prevention and immediate deployment plan, in consultation
with specified state entities, and other potentially affected state,
local, or federal agencies. The force is responsible for implementing
the plan and is required to act cooperatively and in concert with
existing local emergency response units.
(3) Authority and funding for the Railroad Accident Prevention and
Immediate Deployment Force program has lapsed, leaving a gap in the
state's ability to respond to spills of toxic and hazardous
materials.
(4) Existing law establishes the Office of Emergency Services
under the supervision of the Director of Emergency Services. The
office is responsible for the state's emergency and disaster response
services for natural, technological, or manmade disasters and
emergencies.
(b) It is the intent of the Legislature to reauthorize the
Railroad Accident Prevention and Immediate Deployment Force and
transfer it from the California Environmental Protection Agency to
the Office of Emergency Services. It is further the intent of the
Legislature to require the Office of Emergency Services to designate
the force as responsible for providing onsite response capability in
the event of a large-scale release of toxic materials resulting from
a railroad accident.
SEC. 2. Section 7718 of the Public Utilities Code is amended to
read:
7718. (a) The Railroad Accident Prevention and Immediate
Deployment Force is hereby created in the California Environmental
Protection Agency. The force shall be responsible for providing
immediate onsite response capability in the event of large-scale
releases of toxic materials resulting from surface transportation
accidents and for implementing the state hazardous materials incident
prevention and immediate deployment plan. This
The force shall act cooperatively and in concert with
existing local emergency response units. The force shall consist of
representatives of all of the following:
(1) Department of Fish and Game. Wildlife.
(2) California Environmental Protection Agency.
(3) State Air Resources Board.
(4) California Integrated Waste Management Board.
(4) Department of Resources Recycling and Recovery.
(5) California regional water quality control boards.
(6) Department of Toxic Substances Control.
(7) Department of Pesticide Regulation.
(8) Office of Environmental Health Hazard Assessment.
(9) State Department of Public Health.
(10) Department of the California Highway Patrol.
(11) Department of Food and Agriculture.
(12) Department of Forestry and Fire Protection.
(13) Department of Parks and Recreation.
(14) Public Utilities Commission.
(15) Any other potentially affected state, local, or federal
agency.
(16) Office of Emergency Services.
(b) The California Environmental Protection Agency shall develop a
state railroad accident prevention and immediate deployment plan in
cooperation with the State Fire Marshal, affected businesses, and all
of the entities listed in paragraphs (1) to (17),
(16), inclusive, of subdivision (a).
(c) The plan specified in subdivision (b) shall be a comprehensive
set of policies and directions that every potentially affected state
agency and business shall follow if there is a railroad accident to
minimize the potential damage to the public health and safety,
property, and the environment that might result from accidents
involving railroad activities in the state.