BILL ANALYSIS                                                                                                                                                                                                    �



                                                                            



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                                    THIRD READING


          Bill No:  SJR 27
          Author:   Padilla (D), et al.
          Amended:  As introduced
          Vote:     21

           
           SUBJECT  :    Railroad safety

           SOURCE  :     Author


           DIGEST  :    This resolution urges the United States Department of  
          Transportation (USDT), and other relevant federal agencies, as  
          it relates to the rail transport of crude oil, to safeguard  
          communities and environmentally sensitive areas from rail  
          accidents, prioritize safety over cost-effectiveness, mandate  
          best practices, and improve tank car design and standards.

           ANALYSIS  :    This resolution makes the following legislative  
          findings:

          1.Recent years have seen a significant increase in crude oil  
            production from the Bakken region of North Dakota and Montana  
            as well as from the bituminous sands, commonly known as tar  
            sands, of Canada.  Because crude oil currently is not  
            transported to California through pipelines, and because  
            transport by barge and truck is relatively expensive, energy  
            companies have turned to railroads for distribution of this  
            crude oil.

          2.According to the Association of American Railroads, roughly  
            400,000 carloads of crude oil traveled by rail to refineries  
            located along the West Coast, Northeast, and Gulf of Mexico in  
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            2013.  This number is up from 9,500 in 2008, a 4,000%  
            increase.  Because of this rapid change in the energy and  
            transportation sectors, safety rules, regulations, and  
            oversight may not be aligned with current operations.

          3.According to the Pipeline and Hazardous Materials Safety  
            Administration, the amount of crude oil spilled from tank cars  
            last year was more than all crude oil spilled during the four  
            decades since the federal government began collecting such  
            data (1.15 million gallons in 2013 compared to 800,000 gallons  
            between 1975 and 2012).  While the total number of accidents  
            has decreased over time, the environmental impact, as measured  
            by gallons spilled per million ton-miles, has dramatically  
            increased.

          4.Crude oil is the fastest-growing type of freight moving into,  
            out of, or through California.  According to the State Energy  
            Resources Conservation and Development Commission, the volume  
            of crude oil imported into California by rail has increased  
            from 45,491 barrels in 2009 to 6,169,264 barrels in 2013, a  
            135-fold increase in only four years.  

          5.Two major (Class I) railroads are currently moving crude oil  
            into California, to receiving terminals in Richmond and  
            Bakersfield.  Five additional terminals are planned or under  
            construction in Bakersfield, Benicia, Pittsburg, San Luis  
            Obispo, and Wilmington.  In order to reach these terminals,  
            crude oil must travel through areas that are densely  
            populated, environmentally sensitive, or both.

          6.Despite their hazardous contents, according to the Association  
            of American Railroads, 85% of tank cars carrying flammable  
            liquids, such as crude oil, do not meet the industry's higher  
            voluntary safety standards, established in October 2011.

          This resolution:

          1.Urges the USDT and other relevant federal entities to  
            safeguard communities and environmentally sensitive areas from  
            rail accidents involving transportation of crude oil by  
            expediting rail safety reforms.

          2.Urges the USDT and other relevant federal entities to  
            prioritize safety considerations over cost-effectiveness in  

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            deliberations about improving the transport of crude oil by  
            rail.

          3.Urges the USDT and other relevant federal entities to mandate,  
            at a minimum, the best practices explained in the safety  
            initiative announced on February 21, 2014, by Secretary Foxx  
            and railroad industry representatives.

          4.Urges the USDT and other relevant federal entities to partner  
            with the Canadian Transportation Agency to improve safety of  
            the North American railroad tank car fleet by swiftly adopting  
            a stricter design standard for new tank cars, and by  
            retrofitting or phasing out tank cars that do not meet that  
            standard.

           Comments  

          According to the author:

               Recent years have seen a significant increase in crude oil  
               production largely due to fracking in North Dakota's Bakken  
               shale and drilling in the Canadian 'tar sands.' According  
               to the federal regulator, the Bakken supply is more prone  
               to ignite during an accident than traditional heavy crude  
               oil. Indeed, of the 10 oil car derailments since last  
               July-including 3 since April 30th-most have resulted in  
               fires, explosions and/or spills. More oil spilled from U.S.  
               trains in 2013 than in the previous 4 decades combined. 

               Nationally, the transport of crude oil by rail has  
               increased 4,000 percent since 2008. Crude oil is the  
               fastest-growing type of freight moving into, out of, or  
               through California. With 6 rail offloading terminal  
               applications pending, the California Energy Commission  
               forecasts that the percentage of all California-refined  
               crude oil that is imported by rail will increase from 1  
               percent now to 27 percent by 2016. 

               These rapid changes in the energy/transportation sector  
               mean than safety rules and regulations may not be aligned  
               with current operations. But we can, and should, call on  
               federal entities to do more to protect our communities and  
               environmentally sensitive areas from crude-by-rail  
               accidents.

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           FISCAL EFFECT  :    Fiscal Com.:  No


          JA:k  6/5/14   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  NONE RECEIVED

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