BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  SB 1064
                                                                  Page  1

          Date of Hearing:   July 2, 2014

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

                     SB 1064 (Hill) - As Amended:  April 8, 2014 

          Policy Committee:                             Utilities and  
          Commerce     Vote:                            14-0

          Urgency:     No                   State Mandated Local Program:  
          Yes    Reimbursable:              No

           SUMMARY  

          This bill requires the California Public Utilities Commission  
          (PUC) to address and implement federal National Transportation  
          Safety (NTSB) Board recommendations and Federal Transit  
          Administration (FTA) advisories relating to regulated rail  
          facilities.  Specifically, this bill: 

          1)Requires the PUC, upon receipt of NTSB rail safety  
            recommendations, to provide a written response within 90 days  
            indicating the intended actions for each recommendation,  
            including one of the following:

             a)   The intent to implement recommendations in full, with a  
               proposed timetable.
             b)   The intent to implement part of the recommendations,  
               with a proposed timetable, and detailed reasons for the  
               refusal to implement the remaining recommendations.
             c)   The refusal to implement recommendations, with detailed  
               reasons for the refusal.

          1)Requires the PUC to detail in writing whether implementation  
            of the recommendation or advisory is appropriate and approve  
            the decision by majority vote when NTSB issues a safety  
            recommendation letter to the FTA, a PUC-regulated rail  
            operator, or the PUC.

          2)Requires the PUC, upon deeming a NTSB recommendation  
            appropriate or an FTA action necessary, to issue orders or  
            adopt rules to implement the recommendation or action as soon  
            as practicable. Requires the PUC to consider whether a more  
            effective, or equally effective and less costly, alternative  








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            exists to address the safety issue.

          3)Requires the PUC annual workplan to report any action taken  
            regarding a rail safety recommendation or advisory as  
            specified.

           FISCAL EFFECT  

          Minor and absorbable costs to the PUC.

           COMMENTS  

              1)   Rationale.   According to the author, an independent  
               review panel investigating the San Bruno natural gas  
               explosion found the CPUC largely ignored NTSB safety  
               recommendations and federal safety advisories.  In 2012,   
               the Legislature passed AB 578 (Hill) requiring the CPUC to  
               reply to NTSB recommendations for natural gas safety within  
               90 days and vote on whether or how to act on the  
               recommendations.  
               In September 2013, a derailment accident on the Angels  
               Flight rail line in Los Angeles occurred and required the  
               rescue of five stranded passengers.  This followed previous  
               accidents dating back to 2001 and numerous federal safety  
               recommendations and advisories that were not implemented by  
               the PUC.

               According to the author, this bill extends the requirements  
               of AB 578 to federal rail safety recommendations and  
               advisories.

              2)   Background.   NTSB is an independent federal agency  
               charged with investigating significant transportation  
               accidents in aviation, railroads, highways, marines and  
               pipelines.   NTSB determines the probable causes of the  
               accidents and issues safety recommendations to prevent  
               future accidents.   

                FTA is an agency within the United States Department of  
               Transportation that provides financial and technical  
               assistance to local public transit systems. Rail fixed  
               guideway systems, and the Regional Transit Agencies (RTAs)  
               that operate them, are regulated by both the FTA and the  
               states.  The FTA issues safety advisories in response to  
               NTSB recommendations








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           Analysis Prepared by  :    Jennifer Galehouse / APPR. / (916)  
          319-2081