BILL ANALYSIS Ó SB 730 Page 1 SENATE THIRD READING SB 730 (Wolk) As Introduced February 27, 2015 Majority vote SENATE VOTE: 23-11 ------------------------------------------------------------------ |Committee |Votes|Ayes |Noes | | | | | | | | | | | | | | | | |----------------+-----+----------------------+--------------------| |Labor |5-2 |Roger Hernández, Chu, |Harper, Patterson | | | |Low, McCarty, | | | | |Thurmond | | | | | | | |----------------+-----+----------------------+--------------------| |Appropriations |11-5 |Gomez, Bloom, Bonta, |Bigelow, Chang, | | | |Calderon, Daly, |Gallagher, Jones, | | | |Eggman, Eduardo |Wagner | | | |Garcia, Quirk, | | | | |Rendon, Weber, Wood | | | | | | | | | | | | ------------------------------------------------------------------ SUMMARY: Prohibits a freight train from being operated in California unless it has a crew consisting of at least two SB 730 Page 2 individuals, as specified. Specifically, this bill: 1)Prohibits, effective February 1, 2016, a train or light engine used in connection with the movement of freight from being operated unless it has a crew consisting if at least two individuals. 2)Provides that this prohibition shall not include hostler service or utility employees. 3)Authorizes the California Public Utilities Commission (CPUC) to assess civil penalties against any person who willfully violates this bill, according to the following schedule: a) A civil penalty of $250 to $1,000 for the first violation. b) A civil penalty of $1,000 to $5,000 for a second violation within a three-year period. c) A civil penalty of $5,000 to $10,000 for a third violation and each subsequent violation within a three-year period. 4)Provides that the remedies available to the CPUC are nonexclusive and do not limit the remedies available under all other laws or pursuant to contract. FISCAL EFFECT: According to the Assembly Appropriations Committee, this bill will result in minor and absorbable costs to the CPUC related to enforcement. The CPUC indicates SB 730 Page 3 enforcement would be incorporated into existing inspections. COMMENTS: This bill is sponsored by the Brotherhood of Locomotive Engineers and Trainmen, International Brotherhood of Teamsters and is supported by the United Transportation Union. According to the author, this bill protects communities by requiring trains and light engines carrying freight within California to be operated with an adequate crew size for both public safety reasons and the protection of railroad workers. Advanced technology has made the railroads safer; however, supporters argue that nothing can replace an extra set of eyes and ears when trains drive through populated areas. A single operator in an emergency situation cannot properly assess the situation, secure the train, and notify police, fire and other necessary officials in a timely manner. Finally, supporters state that the federal government and other states are grappling with how to increase railroad safety and 14 states have introduced minimum crew legislation this year. Additionally, supports note that the CPUC has voted unanimously to support this bill, stating that requiring two-person crews is a straightforward way of ensuring two qualified crew members continue to operate freight trains in California until such time as the rules and practices of safe operation may be updated for safer operation with smaller crews. According to the CPUC, of all the industries subject to CPUC oversight (energy, water, telecommunications, and transportation) rail accidents result in the greatest number of fatalities each year. The California Railroad Industry opposes this bill because it SB 730 Page 4 will unnecessarily and unreasonably interfere with the ability of railroad management and union leaders to fully bargain over the best and safest crew size for each assignment in California. They argue that state legislation that attempts to alter terms of collective bargaining agreements would harm the process and would permanently undermine the principle of labor and management cooperation that underpins the Railway Labor Act. They also contend that this bill would violate Proposition 17 (the Railroad Anti-Featherbedding Act of 1964), which was an initiative measure approved by the voters at the statewide general election of November 3, 1964. Opponents argue that, historically, safety and technology improvements have been a primary catalyst for negotiations related to crew size. As a result of these improvements, rail labor and rail management have agreed to reductions in crew size from as many as five persons in the 1980s to two persons on most territories operating today. They argue that these reductions in crew size were achieved without compromise to safety as witnessed by a decline in rail employee injuries, train accident and grade crossing collision rates by 79% or more. Hazardous material accidents rates are down 91%. Analysis Prepared by: Ben Ebbink / L. & E. / (916) 319-2091 FN: 0001232 SB 730 Page 5