California 2019 2019-2020 Regular Session

California Assembly Bill AB1017 Amended / Bill

Filed 04/23/2019

                    Amended IN  Assembly  April 23, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1017Introduced by Assembly Member Boerner HorvathFebruary 21, 2019 An act to add Section 7615 1202.4 to the Public Utilities Code, relating to railroads. LEGISLATIVE COUNSEL'S DIGESTAB 1017, as amended, Boerner Horvath. Railroads: at-grade pedestrian New or modified railroad crossings: supplemental safety measure improvements. approval.Under existing law, the Public Utilities Commission (PUC) has the exclusive power to to, among other things, determine and prescribe the manner and the terms of installation, operation, maintenance, use, and protection of specified rail crossings. Under existing law, except as provided, a bell, siren, horn, whistle, or similar audible warning device shall be sounded at any public crossing in accordance with federal law. railroad crossings and to authorize on an application-by-application basis and supervise the operation of pilot projects to evaluate proposed crossing warning devices, new technology, or other additional safety measures at designated crossings, with the consent of the local jurisdiction, the affected railroad, and other interested parties, including, but not limited to, represented railroad employees.To the extent consistent with federal law, this bill would require the commission to identify standardized supplemental safety measure improvements for at-grade pedestrian crossings, as specified.This bill would require the PUC, if a city or county develops and adopts, by resolution upon a majority vote of the city council or the board of supervisors, a plan to improve mobility for multimodal access that calls for new or modified railroad crossings, to make an engineer available from the Rail Crossings and Engineering Branch to assist and advise that city or county on the safety of the planned railroad crossings prior to the filing of an application to the commission for the approval of the new or modified railroad crossings.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1202.4 is added to the Public Utilities Code, to read:1202.4. If a city or county develops and adopts, by resolution upon a majority vote of the city council or the board of supervisors, a plan to improve mobility for multimodal access that calls for new or modified railroad crossings, the commission shall make an engineer available from the Rail Crossings and Engineering Branch to assist and advise that city or county on the safety of the planned railroad crossings prior to the filing of an application to the commission for the approval of the new or modified railroad crossings.SECTION 1.Section 7615 is added to the Public Utilities Code, to read:7615.(a)The commission shall identify standardized supplemental safety measure improvements for at-grade pedestrian crossings, which preclude the proforma train horn notification. In addition, the commission shall identify supplemental safety measures that would meet the standard of care for wayside horns, bells and a specific decibel volume appropriate for pedestrians, audible at a specified distance from the at-grade pedestrian crossing.(b)The commission shall implement subdivision (a) only to the extent that implementation of subdivision (a) is consistent with federal law.

 Amended IN  Assembly  April 23, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1017Introduced by Assembly Member Boerner HorvathFebruary 21, 2019 An act to add Section 7615 1202.4 to the Public Utilities Code, relating to railroads. LEGISLATIVE COUNSEL'S DIGESTAB 1017, as amended, Boerner Horvath. Railroads: at-grade pedestrian New or modified railroad crossings: supplemental safety measure improvements. approval.Under existing law, the Public Utilities Commission (PUC) has the exclusive power to to, among other things, determine and prescribe the manner and the terms of installation, operation, maintenance, use, and protection of specified rail crossings. Under existing law, except as provided, a bell, siren, horn, whistle, or similar audible warning device shall be sounded at any public crossing in accordance with federal law. railroad crossings and to authorize on an application-by-application basis and supervise the operation of pilot projects to evaluate proposed crossing warning devices, new technology, or other additional safety measures at designated crossings, with the consent of the local jurisdiction, the affected railroad, and other interested parties, including, but not limited to, represented railroad employees.To the extent consistent with federal law, this bill would require the commission to identify standardized supplemental safety measure improvements for at-grade pedestrian crossings, as specified.This bill would require the PUC, if a city or county develops and adopts, by resolution upon a majority vote of the city council or the board of supervisors, a plan to improve mobility for multimodal access that calls for new or modified railroad crossings, to make an engineer available from the Rail Crossings and Engineering Branch to assist and advise that city or county on the safety of the planned railroad crossings prior to the filing of an application to the commission for the approval of the new or modified railroad crossings.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO 

 Amended IN  Assembly  April 23, 2019

Amended IN  Assembly  April 23, 2019

 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION

Assembly Bill No. 1017

Introduced by Assembly Member Boerner HorvathFebruary 21, 2019

Introduced by Assembly Member Boerner Horvath
February 21, 2019

 An act to add Section 7615 1202.4 to the Public Utilities Code, relating to railroads. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 1017, as amended, Boerner Horvath. Railroads: at-grade pedestrian New or modified railroad crossings: supplemental safety measure improvements. approval.

Under existing law, the Public Utilities Commission (PUC) has the exclusive power to to, among other things, determine and prescribe the manner and the terms of installation, operation, maintenance, use, and protection of specified rail crossings. Under existing law, except as provided, a bell, siren, horn, whistle, or similar audible warning device shall be sounded at any public crossing in accordance with federal law. railroad crossings and to authorize on an application-by-application basis and supervise the operation of pilot projects to evaluate proposed crossing warning devices, new technology, or other additional safety measures at designated crossings, with the consent of the local jurisdiction, the affected railroad, and other interested parties, including, but not limited to, represented railroad employees.To the extent consistent with federal law, this bill would require the commission to identify standardized supplemental safety measure improvements for at-grade pedestrian crossings, as specified.This bill would require the PUC, if a city or county develops and adopts, by resolution upon a majority vote of the city council or the board of supervisors, a plan to improve mobility for multimodal access that calls for new or modified railroad crossings, to make an engineer available from the Rail Crossings and Engineering Branch to assist and advise that city or county on the safety of the planned railroad crossings prior to the filing of an application to the commission for the approval of the new or modified railroad crossings.

Under existing law, the Public Utilities Commission (PUC) has the exclusive power to to, among other things, determine and prescribe the manner and the terms of installation, operation, maintenance, use, and protection of specified rail crossings. Under existing law, except as provided, a bell, siren, horn, whistle, or similar audible warning device shall be sounded at any public crossing in accordance with federal law. railroad crossings and to authorize on an application-by-application basis and supervise the operation of pilot projects to evaluate proposed crossing warning devices, new technology, or other additional safety measures at designated crossings, with the consent of the local jurisdiction, the affected railroad, and other interested parties, including, but not limited to, represented railroad employees.

To the extent consistent with federal law, this bill would require the commission to identify standardized supplemental safety measure improvements for at-grade pedestrian crossings, as specified.



This bill would require the PUC, if a city or county develops and adopts, by resolution upon a majority vote of the city council or the board of supervisors, a plan to improve mobility for multimodal access that calls for new or modified railroad crossings, to make an engineer available from the Rail Crossings and Engineering Branch to assist and advise that city or county on the safety of the planned railroad crossings prior to the filing of an application to the commission for the approval of the new or modified railroad crossings.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 1202.4 is added to the Public Utilities Code, to read:1202.4. If a city or county develops and adopts, by resolution upon a majority vote of the city council or the board of supervisors, a plan to improve mobility for multimodal access that calls for new or modified railroad crossings, the commission shall make an engineer available from the Rail Crossings and Engineering Branch to assist and advise that city or county on the safety of the planned railroad crossings prior to the filing of an application to the commission for the approval of the new or modified railroad crossings.SECTION 1.Section 7615 is added to the Public Utilities Code, to read:7615.(a)The commission shall identify standardized supplemental safety measure improvements for at-grade pedestrian crossings, which preclude the proforma train horn notification. In addition, the commission shall identify supplemental safety measures that would meet the standard of care for wayside horns, bells and a specific decibel volume appropriate for pedestrians, audible at a specified distance from the at-grade pedestrian crossing.(b)The commission shall implement subdivision (a) only to the extent that implementation of subdivision (a) is consistent with federal law.

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:

SECTION 1. Section 1202.4 is added to the Public Utilities Code, to read:1202.4. If a city or county develops and adopts, by resolution upon a majority vote of the city council or the board of supervisors, a plan to improve mobility for multimodal access that calls for new or modified railroad crossings, the commission shall make an engineer available from the Rail Crossings and Engineering Branch to assist and advise that city or county on the safety of the planned railroad crossings prior to the filing of an application to the commission for the approval of the new or modified railroad crossings.

SECTION 1. Section 1202.4 is added to the Public Utilities Code, to read:

### SECTION 1.

1202.4. If a city or county develops and adopts, by resolution upon a majority vote of the city council or the board of supervisors, a plan to improve mobility for multimodal access that calls for new or modified railroad crossings, the commission shall make an engineer available from the Rail Crossings and Engineering Branch to assist and advise that city or county on the safety of the planned railroad crossings prior to the filing of an application to the commission for the approval of the new or modified railroad crossings.

1202.4. If a city or county develops and adopts, by resolution upon a majority vote of the city council or the board of supervisors, a plan to improve mobility for multimodal access that calls for new or modified railroad crossings, the commission shall make an engineer available from the Rail Crossings and Engineering Branch to assist and advise that city or county on the safety of the planned railroad crossings prior to the filing of an application to the commission for the approval of the new or modified railroad crossings.

1202.4. If a city or county develops and adopts, by resolution upon a majority vote of the city council or the board of supervisors, a plan to improve mobility for multimodal access that calls for new or modified railroad crossings, the commission shall make an engineer available from the Rail Crossings and Engineering Branch to assist and advise that city or county on the safety of the planned railroad crossings prior to the filing of an application to the commission for the approval of the new or modified railroad crossings.



1202.4. If a city or county develops and adopts, by resolution upon a majority vote of the city council or the board of supervisors, a plan to improve mobility for multimodal access that calls for new or modified railroad crossings, the commission shall make an engineer available from the Rail Crossings and Engineering Branch to assist and advise that city or county on the safety of the planned railroad crossings prior to the filing of an application to the commission for the approval of the new or modified railroad crossings.





(a)The commission shall identify standardized supplemental safety measure improvements for at-grade pedestrian crossings, which preclude the proforma train horn notification. In addition, the commission shall identify supplemental safety measures that would meet the standard of care for wayside horns, bells and a specific decibel volume appropriate for pedestrians, audible at a specified distance from the at-grade pedestrian crossing.



(b)The commission shall implement subdivision (a) only to the extent that implementation of subdivision (a) is consistent with federal law.