BILL ANALYSIS                                                                                                                                                                                                    Ó



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          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  








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          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  








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          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  








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          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



















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