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| 1 | + | Amended IN Senate March 24, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 667Introduced by Senator ArchuletaFebruary 20, 2025An act to amend Section 854 of the Streets and Highways Code, relating to state highways. An act to add Sections 7615, 7664, and 7664.5 to the Public Utilities Code, and relating to transportation.LEGISLATIVE COUNSEL'S DIGESTSB 667, as amended, Archuleta. State highways: change of grade. Railroads: safety: wayside detectors: train length: emergency vehicle crossing.The existing Federal Railroad Safety Act (FRSA) authorizes the United States Secretary of Transportation to prescribe regulations and issue orders for railroad safety and requires the United States Secretary of Homeland Security, when prescribing a security regulation or issuing a security order that affects the safety of railroad operations, to consult with the United States Secretary of Transportation. The FRSA provides for state participation in the enforcement of the safety regulations and orders issued by the United States Secretary of Transportation or the United States Secretary of Homeland Security, pursuant to an annual certification, and authorizes the respective secretaries to make an agreement with a state to provide investigative and surveillance activities. The FRSA provides that, to the extent practicable, laws, regulations, and orders related to railroad safety and security are required to be nationally uniform, but authorizes a state to adopt or continue in force a law, regulation, or order related to railroad safety or security until the United States Secretary of Transportation, with respect to railroad safety matters, or the United States Secretary of Homeland Security, with respect to railroad security matters, prescribes a regulation or issues an order covering the subject matter of the state requirement. A state is additionally authorized to adopt or continue in force an additional or more stringent law, regulation, or order related to railroad safety or security, when necessary to eliminate or reduce an essentially local safety or security hazard, that is not incompatible with a federal law, regulation, or order, and that does not unreasonably burden interstate commerce.This bill would require a railroad to install and operate a network of wayside detector systems on or adjacent to its tracks, with maximum spacing specified for individual detection devices along a continuous track. The bill would define wayside detector system to mean an electronic device or series of connected devices that scans passing trains, rolling stock, on-track equipment, and their component equipment and parts for defects. The bill would require a wayside detector system to issue certain messages if a defect is detected or is not detected, and would specify actions to be taken if a message indicating a defect is detected. The bill would require a railroad to ensure that its employees know and understand these requirements. The bill would require the commission to enforce these requirements and would impose a penalty of not less than $25,000 upon a railroad for each violation.This bill would prohibit certain trains with a total length exceeding 7,500 feet from operating on any part of a main line or branch line in this state, as specified. The bill would require a train, rolling stock, or other on-track equipment that is completely stopped and that is blocking an at-grade railroad crossing to be cut, separated, or moved to clear the at-grade railroad crossing upon the approach of an emergency vehicle, except as specified. The bill would require the commission to enforce these provisions and would impose penalties of not less than $5,000 for a first violation, $10,000 for a 2nd violation, and $25,000 for a 3rd or subsequent violation, as specified.Existing law establishes the Department of Transportation and the California Transportation Commission, and vests with the department the obligation to improve and maintain state highways, including all traversable highways that have been adopted or designated as state highways by the commission.Existing law authorizes the commission, whenever the commission deems it expedient to alter the established grade of a state highway, or portion thereof, within a city, to declare, by resolution, the commissions intention to alter that established grade, as provided.This bill would make nonsubstantive changes to that provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares both of the following:(a) Trains exhibiting excessive length operating within the state on any main line or branch line expose the public to unnecessary dangers and disruptions of commerce.(b) Section 3 of this bill is intended to eliminate disruptions of commerce and dangers imposed upon communities and the general citizenry.SEC. 2. Section 7615 is added to the Public Utilities Code, to read:7615. (a) For purposes of this section, all of the following definitions apply:(1) AAR frequency means the Association of American Railroads frequency assigned to the location of the wayside detector system that is sending a message.(2) Wayside detector communications system means technology that uses wireless communications systems or algorithms to allow communication between one wayside detector system with another wayside detector system to better predict and detect defects.(3) Wayside detector system means an electronic device or a series of connected devices that scan passing trains, rolling stock, on-track equipment, and their component equipment and parts for defects, which include, but are not limited to, hot wheel bearings, hot wheels, defective bearings that are detected through acoustics, dragging equipment, excessive height or weight, shifted loads, low hoses, excessive rail temperature, and poor wheel condition.(b) (1) Except as provided in paragraph (2), a railroad shall install and operate a network of wayside detector systems on or adjacent to its tracks with each wayside detector system no farther than 10 miles from another wayside detector system on a continuous track.(2) If the natural terrain renders it infeasible to install or operate a wayside detector system no farther than 10 miles from another wayside detector system on a continuous track, then a railroad shall install and operate a wayside detector system as close as feasible to another wayside detector system on a continuous track, but no farther than 15 miles from another wayside detector system on a continuous track.(c) If a train, rolling stock, or on-track equipment is operating on a track between wayside detector systems that do not comply with the spacing requirements of subdivision (b), then it shall not travel faster than 10 miles per hour and may only travel faster than 10 miles per hour after it passes a wayside detector system that is in compliance with the spacing requirements of subdivision (b) and has received a message from the wayside detector system indicating that there are no defects.(d) A wayside detector system shall provide an audible message on the AAR frequency and be equipped with a hot box detector, a hot wheel detector, and a dragging equipment detector. (e) If either a wayside detector system or a wayside detector communications system identifies a defect, an audible message shall sound over the AAR frequency at least three times, with each message lasting at least five seconds with at least five seconds of silence between each message. The audible message shall include all of the following information:(1) The system location milepost and name.(2) The track number, if applicable.(3) The total number of axles on the train, rolling stock, or on-track equipment, including motive power. (4) The location of the defect within the train, rolling stock, or on-track equipment, or its component parts or equipment.(f) If a wayside detector system identifies no defect, an audible message shall sound over the AAR frequency indicating the speed of the train, rolling stock, or on-track equipment, and that no defect was identified.(g) The operator of a train, rolling stock, or on-track equipment that receives a message indicating a defect shall do all of the following:(1) Stop the train, rolling stock, or on-track equipment in accordance with applicable safety procedures.(2) Inspect the location of the identified defect.(3) Note the results of the inspection and provide the results to the appropriate officer of the railroad, local dispatcher, or other qualified person based on the applicable railroad policy.(4) If the operator believes continued operation is safe based on the results of the inspection, the operator shall proceed to operate the train, rolling stock, or on-track equipment at a speed no faster than 10 miles per hour if carrying hazardous materials or at a speed no faster than 30 miles per hour if not carrying hazardous materials. The operator may exceed these speeds after passing a wayside detector system and receiving a message indicating no defect.(5) If the operator believes continued operation is unsafe based on the results of the inspection, the operator shall have the train, rolling stock, or on-track equipment fully inspected by a qualified mechanical inspector to determine if it is safe to proceed. The train, rolling stock, or on-track equipment shall not proceed until after a qualified mechanical inspector makes a thorough inspection, makes any necessary repairs, and declares it safe to proceed.(h) If there is a determination that it is safe to proceed after receiving a message indicating a defect, and then the operator of a train, rolling stock, or on-track equipment receives another message indicating the same defect, the operator shall do all of the following:(1) Stop the train, rolling stock, or on-track equipment in accordance with applicable safety procedures.(2) Have the train, rolling stock, or on-track equipment fully inspected by a qualified mechanical inspector to determine if it is safe to proceed. The train, rolling stock, or on-track equipment shall not proceed until after a qualified mechanical inspector makes a thorough inspection, makes any necessary repairs, and declares it safe to proceed.(i) All inspections required by this section shall be performed from a position on the ground and shall not be made from, on, or within any vehicle.(j) (1) If a wayside detector system reports a number of axles for a train that is less than the reported number of axles for the train, then the operator shall report the discrepancy to the proper railroad authority.(2) If a wayside detector system reports a number of axles for the train that is greater than the reported number of axles for the train, then the operator shall report the discrepancy to the proper railroad authority. If the discrepancy is not resolved before the train travels five miles, then the operator shall stop the train in accordance with applicable safety procedures and shall not proceed until the discrepancy is resolved, all extra equipment or cars are identified, and any necessary documentation is issued.(k) A railroad doing business in this state shall ensure that its employees know and understand the requirements of this section.(l) A railroad shall partner with the commission to determine what temperature readings above ambient temperature of an identified defective car constitute a defect.(m) (1) The commission shall enforce this section.(2) A railroad in violation of this section shall be liable for a penalty of not less than twenty-five thousand dollars ($25,000) for each violation of this section.SEC. 3. Section 7664 is added to the Public Utilities Code, to read:7664. (a) For purpose of this section, the following definitions apply:(1) Branch line means a secondary railroad track that branches off from a main railroad line.(2) Main line means a Class I railroad, as documented in current timetables filed by the Class I railroad with the Federal Railroad Administration under Part 217.7 of Title 49 of the Code of Federal Regulations, over which 5,000,000 or more gross tons of railroad traffic is transported annually, or used for regularly scheduled intercity or commuter rail passenger service, or both. For purposes of this section, tourist, scenic, historic, or excursion operations are not intercity or commuter passenger service.(3) (A) Railroad means, unless the context otherwise requires, any form of nonhighway ground transportation that runs on rails or electromagnetic guideways, including, but not limited to, both of the following:(i) Commuter or other short-haul railroad passenger service in a metropolitan or suburban area and commuter railroad service.(ii) High-speed ground transportation systems that connect metropolitan areas, without regard to whether those systems use new technologies not associated with traditional railroads.(B) Railroad does not include rapid transit operations in an urban area that are not connected to the general railroad system of transportation.(4) Train means one or more locomotives coupled with or without cars, requiring an air brake test in accordance with Part 232 or 238 of Title 49 of the Code of Federal Regulations, except during switching operations or where the operation is that of classifying and assembling rail cars within a railroad yard for the purpose of making or breaking up trains.(5) Train length means the total length of a train as measured in linear feet.(b) (1) A train originating in this state with a train length exceeding 7,500 feet shall not operate on any part of a main line or branch line in this state.(2) If a train originating from outside this state with a train length exceeding 7,500 feet operates in this state and stops to add or remove cars prior to its final destination, then it shall reduce its train length to not exceed 7,500 feet while it is stopped to add or remove cars prior to its final destination.(c) (1) The commission shall enforce subdivision (b).(2) A railroad in violation of subdivision (b) shall be liable as follows:(A) A penalty of not less than five thousand dollars ($5,000) for the first violation.(B) A penalty of not less than ten thousand dollars ($10,000) for a second violation within three years of a prior violation.(C) A penalty of not less than twenty-five thousand dollars ($25,000) for a third or subsequent violation within three years of two prior violations.SEC. 4. Section 7664.5 is added to the Public Utilities Code, to read:7664.5. (a) For purposes of this section, the following definitions apply:(1) At-grade railroad crossing means a location where a public highway, road, street, or private roadway, including associated sidewalks and pathways, crosses one or more railroad tracks at the same level.(2) Authorized emergency vehicle has the same meaning as in Section 165 of the Vehicle Code.(b) (1) Except as provided in paragraph (2), a train, rolling stock, or other on-track equipment that is completely stopped and that is blocking an at-grade railroad crossing shall be cut, separated, or moved to clear the at-grade railroad crossing upon the approach of an authorized emergency vehicle.(2) Paragraph (1) does not apply to a train, rolling stock, or other on-track equipment that is stopped due to a mechanical failure and where separation or movement is not possible.(c) (1) The commission shall enforce subdivision (b).(2) A railroad in violation of subdivision (b) shall be liable as follows:(A) A penalty of not less than five thousand dollars ($5,000) for the first violation.(B) A penalty of not less than ten thousand dollars ($10,000) for a second violation within three years of a prior violation.(C) A penalty of not less than twenty-five thousand dollars ($25,000) for a third or subsequent violation within three years of two prior violations.SECTION 1.Section 854 of the Streets and Highways Code is amended to read:854.(a)Whenever the commission deems it expedient to alter the established grade of a state highway, or portion thereof, within a city, the commission may declare, by resolution, the commissions intention to alter that established grade. The resolution shall briefly specify the grade to be established and include a reference to a place where a profile map or maps showing the new grade and the old grade may be examined and a place in the city where objections may be presented.(b)A copy of the map or maps described in subdivision (a) shall be furnished to the governing body having jurisdiction over any highway intersecting or intercepting any affected portion of the state highway proposed to be altered pursuant to subdivision (a). | |
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| 3 | + | Amended IN Senate March 24, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 667Introduced by Senator ArchuletaFebruary 20, 2025An act to amend Section 854 of the Streets and Highways Code, relating to state highways. An act to add Sections 7615, 7664, and 7664.5 to the Public Utilities Code, and relating to transportation.LEGISLATIVE COUNSEL'S DIGESTSB 667, as amended, Archuleta. State highways: change of grade. Railroads: safety: wayside detectors: train length: emergency vehicle crossing.The existing Federal Railroad Safety Act (FRSA) authorizes the United States Secretary of Transportation to prescribe regulations and issue orders for railroad safety and requires the United States Secretary of Homeland Security, when prescribing a security regulation or issuing a security order that affects the safety of railroad operations, to consult with the United States Secretary of Transportation. The FRSA provides for state participation in the enforcement of the safety regulations and orders issued by the United States Secretary of Transportation or the United States Secretary of Homeland Security, pursuant to an annual certification, and authorizes the respective secretaries to make an agreement with a state to provide investigative and surveillance activities. The FRSA provides that, to the extent practicable, laws, regulations, and orders related to railroad safety and security are required to be nationally uniform, but authorizes a state to adopt or continue in force a law, regulation, or order related to railroad safety or security until the United States Secretary of Transportation, with respect to railroad safety matters, or the United States Secretary of Homeland Security, with respect to railroad security matters, prescribes a regulation or issues an order covering the subject matter of the state requirement. A state is additionally authorized to adopt or continue in force an additional or more stringent law, regulation, or order related to railroad safety or security, when necessary to eliminate or reduce an essentially local safety or security hazard, that is not incompatible with a federal law, regulation, or order, and that does not unreasonably burden interstate commerce.This bill would require a railroad to install and operate a network of wayside detector systems on or adjacent to its tracks, with maximum spacing specified for individual detection devices along a continuous track. The bill would define wayside detector system to mean an electronic device or series of connected devices that scans passing trains, rolling stock, on-track equipment, and their component equipment and parts for defects. The bill would require a wayside detector system to issue certain messages if a defect is detected or is not detected, and would specify actions to be taken if a message indicating a defect is detected. The bill would require a railroad to ensure that its employees know and understand these requirements. The bill would require the commission to enforce these requirements and would impose a penalty of not less than $25,000 upon a railroad for each violation.This bill would prohibit certain trains with a total length exceeding 7,500 feet from operating on any part of a main line or branch line in this state, as specified. The bill would require a train, rolling stock, or other on-track equipment that is completely stopped and that is blocking an at-grade railroad crossing to be cut, separated, or moved to clear the at-grade railroad crossing upon the approach of an emergency vehicle, except as specified. The bill would require the commission to enforce these provisions and would impose penalties of not less than $5,000 for a first violation, $10,000 for a 2nd violation, and $25,000 for a 3rd or subsequent violation, as specified.Existing law establishes the Department of Transportation and the California Transportation Commission, and vests with the department the obligation to improve and maintain state highways, including all traversable highways that have been adopted or designated as state highways by the commission.Existing law authorizes the commission, whenever the commission deems it expedient to alter the established grade of a state highway, or portion thereof, within a city, to declare, by resolution, the commissions intention to alter that established grade, as provided.This bill would make nonsubstantive changes to that provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Senate March 24, 2025 | |
| 6 | 6 | ||
| 7 | - | Amended IN Senate April 08, 2025 | |
| 8 | 7 | Amended IN Senate March 24, 2025 | |
| 9 | 8 | ||
| 10 | 9 | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION | |
| 11 | 10 | ||
| 12 | 11 | Senate Bill | |
| 13 | 12 | ||
| 14 | 13 | No. 667 | |
| 15 | 14 | ||
| 16 | 15 | Introduced by Senator ArchuletaFebruary 20, 2025 | |
| 17 | 16 | ||
| 18 | 17 | Introduced by Senator Archuleta | |
| 19 | 18 | February 20, 2025 | |
| 20 | 19 | ||
| 21 | - | An act to add Sections 7615, 7664, and 7664.5 to the Public Utilities Code, and relating to transportation. | |
| 20 | + | An act to amend Section 854 of the Streets and Highways Code, relating to state highways. An act to add Sections 7615, 7664, and 7664.5 to the Public Utilities Code, and relating to transportation. | |
| 22 | 21 | ||
| 23 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 24 | 23 | ||
| 25 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 26 | 25 | ||
| 27 | - | SB 667, as amended, Archuleta. Railroads: safety: wayside detectors: train length: emergency vehicle crossing. | |
| 26 | + | SB 667, as amended, Archuleta. State highways: change of grade. Railroads: safety: wayside detectors: train length: emergency vehicle crossing. | |
| 28 | 27 | ||
| 29 | - | The existing Federal Railroad Safety Act (FRSA) authorizes the United States Secretary of Transportation to prescribe regulations and issue orders for railroad safety and requires the United States Secretary of Homeland Security, when prescribing a security regulation or issuing a security order that affects the safety of railroad operations, to consult with the United States Secretary of Transportation. The FRSA provides for state participation in the enforcement of the safety regulations and orders issued by the United States Secretary of Transportation or the United States Secretary of Homeland Security, pursuant to an annual certification, and authorizes the respective secretaries to make an agreement with a state to provide investigative and surveillance activities. The FRSA provides that, to the extent practicable, laws, regulations, and orders related to railroad safety and security are required to be nationally uniform, but authorizes a state to adopt or continue in force a law, regulation, or order related to railroad safety or security until the United States Secretary of Transportation, with respect to railroad safety matters, or the United States Secretary of Homeland Security, with respect to railroad security matters, prescribes a regulation or issues an order covering the subject matter of the state requirement. A state is additionally authorized to adopt or continue in force an additional or more stringent law, regulation, or order related to railroad safety or security, when necessary to eliminate or reduce an essentially local safety or security hazard, that is not incompatible with a federal law, regulation, or order, and that does not unreasonably burden interstate commerce.This bill would require a railroad | |
| 28 | + | The existing Federal Railroad Safety Act (FRSA) authorizes the United States Secretary of Transportation to prescribe regulations and issue orders for railroad safety and requires the United States Secretary of Homeland Security, when prescribing a security regulation or issuing a security order that affects the safety of railroad operations, to consult with the United States Secretary of Transportation. The FRSA provides for state participation in the enforcement of the safety regulations and orders issued by the United States Secretary of Transportation or the United States Secretary of Homeland Security, pursuant to an annual certification, and authorizes the respective secretaries to make an agreement with a state to provide investigative and surveillance activities. The FRSA provides that, to the extent practicable, laws, regulations, and orders related to railroad safety and security are required to be nationally uniform, but authorizes a state to adopt or continue in force a law, regulation, or order related to railroad safety or security until the United States Secretary of Transportation, with respect to railroad safety matters, or the United States Secretary of Homeland Security, with respect to railroad security matters, prescribes a regulation or issues an order covering the subject matter of the state requirement. A state is additionally authorized to adopt or continue in force an additional or more stringent law, regulation, or order related to railroad safety or security, when necessary to eliminate or reduce an essentially local safety or security hazard, that is not incompatible with a federal law, regulation, or order, and that does not unreasonably burden interstate commerce.This bill would require a railroad to install and operate a network of wayside detector systems on or adjacent to its tracks, with maximum spacing specified for individual detection devices along a continuous track. The bill would define wayside detector system to mean an electronic device or series of connected devices that scans passing trains, rolling stock, on-track equipment, and their component equipment and parts for defects. The bill would require a wayside detector system to issue certain messages if a defect is detected or is not detected, and would specify actions to be taken if a message indicating a defect is detected. The bill would require a railroad to ensure that its employees know and understand these requirements. The bill would require the commission to enforce these requirements and would impose a penalty of not less than $25,000 upon a railroad for each violation.This bill would prohibit certain trains with a total length exceeding 7,500 feet from operating on any part of a main line or branch line in this state, as specified. The bill would require a train, rolling stock, or other on-track equipment that is completely stopped and that is blocking an at-grade railroad crossing to be cut, separated, or moved to clear the at-grade railroad crossing upon the approach of an emergency vehicle, except as specified. The bill would require the commission to enforce these provisions and would impose penalties of not less than $5,000 for a first violation, $10,000 for a 2nd violation, and $25,000 for a 3rd or subsequent violation, as specified.Existing law establishes the Department of Transportation and the California Transportation Commission, and vests with the department the obligation to improve and maintain state highways, including all traversable highways that have been adopted or designated as state highways by the commission.Existing law authorizes the commission, whenever the commission deems it expedient to alter the established grade of a state highway, or portion thereof, within a city, to declare, by resolution, the commissions intention to alter that established grade, as provided.This bill would make nonsubstantive changes to that provision. | |
| 30 | 29 | ||
| 31 | 30 | The existing Federal Railroad Safety Act (FRSA) authorizes the United States Secretary of Transportation to prescribe regulations and issue orders for railroad safety and requires the United States Secretary of Homeland Security, when prescribing a security regulation or issuing a security order that affects the safety of railroad operations, to consult with the United States Secretary of Transportation. The FRSA provides for state participation in the enforcement of the safety regulations and orders issued by the United States Secretary of Transportation or the United States Secretary of Homeland Security, pursuant to an annual certification, and authorizes the respective secretaries to make an agreement with a state to provide investigative and surveillance activities. The FRSA provides that, to the extent practicable, laws, regulations, and orders related to railroad safety and security are required to be nationally uniform, but authorizes a state to adopt or continue in force a law, regulation, or order related to railroad safety or security until the United States Secretary of Transportation, with respect to railroad safety matters, or the United States Secretary of Homeland Security, with respect to railroad security matters, prescribes a regulation or issues an order covering the subject matter of the state requirement. A state is additionally authorized to adopt or continue in force an additional or more stringent law, regulation, or order related to railroad safety or security, when necessary to eliminate or reduce an essentially local safety or security hazard, that is not incompatible with a federal law, regulation, or order, and that does not unreasonably burden interstate commerce. | |
| 32 | 31 | ||
| 33 | - | This bill would require a railroad | |
| 32 | + | This bill would require a railroad to install and operate a network of wayside detector systems on or adjacent to its tracks, with maximum spacing specified for individual detection devices along a continuous track. The bill would define wayside detector system to mean an electronic device or series of connected devices that scans passing trains, rolling stock, on-track equipment, and their component equipment and parts for defects. The bill would require a wayside detector system to issue certain messages if a defect is detected or is not detected, and would specify actions to be taken if a message indicating a defect is detected. The bill would require a railroad to ensure that its employees know and understand these requirements. The bill would require the commission to enforce these requirements and would impose a penalty of not less than $25,000 upon a railroad for each violation. | |
| 34 | 33 | ||
| 35 | - | This bill would prohibit certain freight trains with a total length exceeding 7,500 feet from operating on any part of a main line or branch line in this state, as specified. The bill would require a freight train, rolling stock, or other on-track equipment that is completely stopped and that is blocking an at-grade railroad crossing to be cut, separated, or moved to clear the at-grade railroad crossing upon the approach of an emergency vehicle, except as specified. The bill would require the commission to enforce these provisions and would impose penalties of not less than $5,000 for a first violation, $10,000 for a 2nd violation, and $25,000 for a 3rd or subsequent violation, as specified. | |
| 34 | + | This bill would prohibit certain trains with a total length exceeding 7,500 feet from operating on any part of a main line or branch line in this state, as specified. The bill would require a train, rolling stock, or other on-track equipment that is completely stopped and that is blocking an at-grade railroad crossing to be cut, separated, or moved to clear the at-grade railroad crossing upon the approach of an emergency vehicle, except as specified. The bill would require the commission to enforce these provisions and would impose penalties of not less than $5,000 for a first violation, $10,000 for a 2nd violation, and $25,000 for a 3rd or subsequent violation, as specified. | |
| 35 | + | ||
| 36 | + | Existing law establishes the Department of Transportation and the California Transportation Commission, and vests with the department the obligation to improve and maintain state highways, including all traversable highways that have been adopted or designated as state highways by the commission. | |
| 37 | + | ||
| 38 | + | ||
| 39 | + | ||
| 40 | + | Existing law authorizes the commission, whenever the commission deems it expedient to alter the established grade of a state highway, or portion thereof, within a city, to declare, by resolution, the commissions intention to alter that established grade, as provided. | |
| 41 | + | ||
| 42 | + | ||
| 43 | + | ||
| 44 | + | This bill would make nonsubstantive changes to that provision. | |
| 45 | + | ||
| 46 | + | ||
| 36 | 47 | ||
| 37 | 48 | ## Digest Key | |
| 38 | 49 | ||
| 39 | 50 | ## Bill Text | |
| 40 | 51 | ||
| 41 | - | The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares both of the following:(a) Trains | |
| 52 | + | The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares both of the following:(a) Trains exhibiting excessive length operating within the state on any main line or branch line expose the public to unnecessary dangers and disruptions of commerce.(b) Section 3 of this bill is intended to eliminate disruptions of commerce and dangers imposed upon communities and the general citizenry.SEC. 2. Section 7615 is added to the Public Utilities Code, to read:7615. (a) For purposes of this section, all of the following definitions apply:(1) AAR frequency means the Association of American Railroads frequency assigned to the location of the wayside detector system that is sending a message.(2) Wayside detector communications system means technology that uses wireless communications systems or algorithms to allow communication between one wayside detector system with another wayside detector system to better predict and detect defects.(3) Wayside detector system means an electronic device or a series of connected devices that scan passing trains, rolling stock, on-track equipment, and their component equipment and parts for defects, which include, but are not limited to, hot wheel bearings, hot wheels, defective bearings that are detected through acoustics, dragging equipment, excessive height or weight, shifted loads, low hoses, excessive rail temperature, and poor wheel condition.(b) (1) Except as provided in paragraph (2), a railroad shall install and operate a network of wayside detector systems on or adjacent to its tracks with each wayside detector system no farther than 10 miles from another wayside detector system on a continuous track.(2) If the natural terrain renders it infeasible to install or operate a wayside detector system no farther than 10 miles from another wayside detector system on a continuous track, then a railroad shall install and operate a wayside detector system as close as feasible to another wayside detector system on a continuous track, but no farther than 15 miles from another wayside detector system on a continuous track.(c) If a train, rolling stock, or on-track equipment is operating on a track between wayside detector systems that do not comply with the spacing requirements of subdivision (b), then it shall not travel faster than 10 miles per hour and may only travel faster than 10 miles per hour after it passes a wayside detector system that is in compliance with the spacing requirements of subdivision (b) and has received a message from the wayside detector system indicating that there are no defects.(d) A wayside detector system shall provide an audible message on the AAR frequency and be equipped with a hot box detector, a hot wheel detector, and a dragging equipment detector. (e) If either a wayside detector system or a wayside detector communications system identifies a defect, an audible message shall sound over the AAR frequency at least three times, with each message lasting at least five seconds with at least five seconds of silence between each message. The audible message shall include all of the following information:(1) The system location milepost and name.(2) The track number, if applicable.(3) The total number of axles on the train, rolling stock, or on-track equipment, including motive power. (4) The location of the defect within the train, rolling stock, or on-track equipment, or its component parts or equipment.(f) If a wayside detector system identifies no defect, an audible message shall sound over the AAR frequency indicating the speed of the train, rolling stock, or on-track equipment, and that no defect was identified.(g) The operator of a train, rolling stock, or on-track equipment that receives a message indicating a defect shall do all of the following:(1) Stop the train, rolling stock, or on-track equipment in accordance with applicable safety procedures.(2) Inspect the location of the identified defect.(3) Note the results of the inspection and provide the results to the appropriate officer of the railroad, local dispatcher, or other qualified person based on the applicable railroad policy.(4) If the operator believes continued operation is safe based on the results of the inspection, the operator shall proceed to operate the train, rolling stock, or on-track equipment at a speed no faster than 10 miles per hour if carrying hazardous materials or at a speed no faster than 30 miles per hour if not carrying hazardous materials. The operator may exceed these speeds after passing a wayside detector system and receiving a message indicating no defect.(5) If the operator believes continued operation is unsafe based on the results of the inspection, the operator shall have the train, rolling stock, or on-track equipment fully inspected by a qualified mechanical inspector to determine if it is safe to proceed. The train, rolling stock, or on-track equipment shall not proceed until after a qualified mechanical inspector makes a thorough inspection, makes any necessary repairs, and declares it safe to proceed.(h) If there is a determination that it is safe to proceed after receiving a message indicating a defect, and then the operator of a train, rolling stock, or on-track equipment receives another message indicating the same defect, the operator shall do all of the following:(1) Stop the train, rolling stock, or on-track equipment in accordance with applicable safety procedures.(2) Have the train, rolling stock, or on-track equipment fully inspected by a qualified mechanical inspector to determine if it is safe to proceed. The train, rolling stock, or on-track equipment shall not proceed until after a qualified mechanical inspector makes a thorough inspection, makes any necessary repairs, and declares it safe to proceed.(i) All inspections required by this section shall be performed from a position on the ground and shall not be made from, on, or within any vehicle.(j) (1) If a wayside detector system reports a number of axles for a train that is less than the reported number of axles for the train, then the operator shall report the discrepancy to the proper railroad authority.(2) If a wayside detector system reports a number of axles for the train that is greater than the reported number of axles for the train, then the operator shall report the discrepancy to the proper railroad authority. If the discrepancy is not resolved before the train travels five miles, then the operator shall stop the train in accordance with applicable safety procedures and shall not proceed until the discrepancy is resolved, all extra equipment or cars are identified, and any necessary documentation is issued.(k) A railroad doing business in this state shall ensure that its employees know and understand the requirements of this section.(l) A railroad shall partner with the commission to determine what temperature readings above ambient temperature of an identified defective car constitute a defect.(m) (1) The commission shall enforce this section.(2) A railroad in violation of this section shall be liable for a penalty of not less than twenty-five thousand dollars ($25,000) for each violation of this section.SEC. 3. Section 7664 is added to the Public Utilities Code, to read:7664. (a) For purpose of this section, the following definitions apply:(1) Branch line means a secondary railroad track that branches off from a main railroad line.(2) Main line means a Class I railroad, as documented in current timetables filed by the Class I railroad with the Federal Railroad Administration under Part 217.7 of Title 49 of the Code of Federal Regulations, over which 5,000,000 or more gross tons of railroad traffic is transported annually, or used for regularly scheduled intercity or commuter rail passenger service, or both. For purposes of this section, tourist, scenic, historic, or excursion operations are not intercity or commuter passenger service.(3) (A) Railroad means, unless the context otherwise requires, any form of nonhighway ground transportation that runs on rails or electromagnetic guideways, including, but not limited to, both of the following:(i) Commuter or other short-haul railroad passenger service in a metropolitan or suburban area and commuter railroad service.(ii) High-speed ground transportation systems that connect metropolitan areas, without regard to whether those systems use new technologies not associated with traditional railroads.(B) Railroad does not include rapid transit operations in an urban area that are not connected to the general railroad system of transportation.(4) Train means one or more locomotives coupled with or without cars, requiring an air brake test in accordance with Part 232 or 238 of Title 49 of the Code of Federal Regulations, except during switching operations or where the operation is that of classifying and assembling rail cars within a railroad yard for the purpose of making or breaking up trains.(5) Train length means the total length of a train as measured in linear feet.(b) (1) A train originating in this state with a train length exceeding 7,500 feet shall not operate on any part of a main line or branch line in this state.(2) If a train originating from outside this state with a train length exceeding 7,500 feet operates in this state and stops to add or remove cars prior to its final destination, then it shall reduce its train length to not exceed 7,500 feet while it is stopped to add or remove cars prior to its final destination.(c) (1) The commission shall enforce subdivision (b).(2) A railroad in violation of subdivision (b) shall be liable as follows:(A) A penalty of not less than five thousand dollars ($5,000) for the first violation.(B) A penalty of not less than ten thousand dollars ($10,000) for a second violation within three years of a prior violation.(C) A penalty of not less than twenty-five thousand dollars ($25,000) for a third or subsequent violation within three years of two prior violations.SEC. 4. Section 7664.5 is added to the Public Utilities Code, to read:7664.5. (a) For purposes of this section, the following definitions apply:(1) At-grade railroad crossing means a location where a public highway, road, street, or private roadway, including associated sidewalks and pathways, crosses one or more railroad tracks at the same level.(2) Authorized emergency vehicle has the same meaning as in Section 165 of the Vehicle Code.(b) (1) Except as provided in paragraph (2), a train, rolling stock, or other on-track equipment that is completely stopped and that is blocking an at-grade railroad crossing shall be cut, separated, or moved to clear the at-grade railroad crossing upon the approach of an authorized emergency vehicle.(2) Paragraph (1) does not apply to a train, rolling stock, or other on-track equipment that is stopped due to a mechanical failure and where separation or movement is not possible.(c) (1) The commission shall enforce subdivision (b).(2) A railroad in violation of subdivision (b) shall be liable as follows:(A) A penalty of not less than five thousand dollars ($5,000) for the first violation.(B) A penalty of not less than ten thousand dollars ($10,000) for a second violation within three years of a prior violation.(C) A penalty of not less than twenty-five thousand dollars ($25,000) for a third or subsequent violation within three years of two prior violations.SECTION 1.Section 854 of the Streets and Highways Code is amended to read:854.(a)Whenever the commission deems it expedient to alter the established grade of a state highway, or portion thereof, within a city, the commission may declare, by resolution, the commissions intention to alter that established grade. The resolution shall briefly specify the grade to be established and include a reference to a place where a profile map or maps showing the new grade and the old grade may be examined and a place in the city where objections may be presented.(b)A copy of the map or maps described in subdivision (a) shall be furnished to the governing body having jurisdiction over any highway intersecting or intercepting any affected portion of the state highway proposed to be altered pursuant to subdivision (a). | |
| 42 | 53 | ||
| 43 | 54 | The people of the State of California do enact as follows: | |
| 44 | 55 | ||
| 45 | 56 | ## The people of the State of California do enact as follows: | |
| 46 | 57 | ||
| 47 | - | SECTION 1. The Legislature finds and declares both of the following:(a) | |
| 58 | + | SECTION 1. The Legislature finds and declares both of the following:(a) Trains exhibiting excessive length operating within the state on any main line or branch line expose the public to unnecessary dangers and disruptions of commerce.(b) Section 3 of this bill is intended to eliminate disruptions of commerce and dangers imposed upon communities and the general citizenry. | |
| 48 | 59 | ||
| 49 | - | SECTION 1. The Legislature finds and declares both of the following:(a) | |
| 60 | + | SECTION 1. The Legislature finds and declares both of the following:(a) Trains exhibiting excessive length operating within the state on any main line or branch line expose the public to unnecessary dangers and disruptions of commerce.(b) Section 3 of this bill is intended to eliminate disruptions of commerce and dangers imposed upon communities and the general citizenry. | |
| 50 | 61 | ||
| 51 | 62 | SECTION 1. The Legislature finds and declares both of the following: | |
| 52 | 63 | ||
| 53 | 64 | ### SECTION 1. | |
| 54 | 65 | ||
| 55 | - | (a) | |
| 66 | + | (a) Trains exhibiting excessive length operating within the state on any main line or branch line expose the public to unnecessary dangers and disruptions of commerce. | |
| 56 | 67 | ||
| 57 | 68 | (b) Section 3 of this bill is intended to eliminate disruptions of commerce and dangers imposed upon communities and the general citizenry. | |
| 58 | 69 | ||
| 59 | - | SEC. 2. Section 7615 is added to the Public Utilities Code, to read:7615. (a) For purposes of this section, all of the following definitions apply:(1) AAR frequency means the Association of American Railroads frequency assigned to the location of the wayside detector system that is sending a message.(2) Wayside detector communications system means technology that uses wireless communications systems or algorithms to allow communication between one wayside detector system with another wayside detector system to better predict and detect defects.(3) Wayside detector system means an electronic device or a series of connected devices that scan passing | |
| 70 | + | SEC. 2. Section 7615 is added to the Public Utilities Code, to read:7615. (a) For purposes of this section, all of the following definitions apply:(1) AAR frequency means the Association of American Railroads frequency assigned to the location of the wayside detector system that is sending a message.(2) Wayside detector communications system means technology that uses wireless communications systems or algorithms to allow communication between one wayside detector system with another wayside detector system to better predict and detect defects.(3) Wayside detector system means an electronic device or a series of connected devices that scan passing trains, rolling stock, on-track equipment, and their component equipment and parts for defects, which include, but are not limited to, hot wheel bearings, hot wheels, defective bearings that are detected through acoustics, dragging equipment, excessive height or weight, shifted loads, low hoses, excessive rail temperature, and poor wheel condition.(b) (1) Except as provided in paragraph (2), a railroad shall install and operate a network of wayside detector systems on or adjacent to its tracks with each wayside detector system no farther than 10 miles from another wayside detector system on a continuous track.(2) If the natural terrain renders it infeasible to install or operate a wayside detector system no farther than 10 miles from another wayside detector system on a continuous track, then a railroad shall install and operate a wayside detector system as close as feasible to another wayside detector system on a continuous track, but no farther than 15 miles from another wayside detector system on a continuous track.(c) If a train, rolling stock, or on-track equipment is operating on a track between wayside detector systems that do not comply with the spacing requirements of subdivision (b), then it shall not travel faster than 10 miles per hour and may only travel faster than 10 miles per hour after it passes a wayside detector system that is in compliance with the spacing requirements of subdivision (b) and has received a message from the wayside detector system indicating that there are no defects.(d) A wayside detector system shall provide an audible message on the AAR frequency and be equipped with a hot box detector, a hot wheel detector, and a dragging equipment detector. (e) If either a wayside detector system or a wayside detector communications system identifies a defect, an audible message shall sound over the AAR frequency at least three times, with each message lasting at least five seconds with at least five seconds of silence between each message. The audible message shall include all of the following information:(1) The system location milepost and name.(2) The track number, if applicable.(3) The total number of axles on the train, rolling stock, or on-track equipment, including motive power. (4) The location of the defect within the train, rolling stock, or on-track equipment, or its component parts or equipment.(f) If a wayside detector system identifies no defect, an audible message shall sound over the AAR frequency indicating the speed of the train, rolling stock, or on-track equipment, and that no defect was identified.(g) The operator of a train, rolling stock, or on-track equipment that receives a message indicating a defect shall do all of the following:(1) Stop the train, rolling stock, or on-track equipment in accordance with applicable safety procedures.(2) Inspect the location of the identified defect.(3) Note the results of the inspection and provide the results to the appropriate officer of the railroad, local dispatcher, or other qualified person based on the applicable railroad policy.(4) If the operator believes continued operation is safe based on the results of the inspection, the operator shall proceed to operate the train, rolling stock, or on-track equipment at a speed no faster than 10 miles per hour if carrying hazardous materials or at a speed no faster than 30 miles per hour if not carrying hazardous materials. The operator may exceed these speeds after passing a wayside detector system and receiving a message indicating no defect.(5) If the operator believes continued operation is unsafe based on the results of the inspection, the operator shall have the train, rolling stock, or on-track equipment fully inspected by a qualified mechanical inspector to determine if it is safe to proceed. The train, rolling stock, or on-track equipment shall not proceed until after a qualified mechanical inspector makes a thorough inspection, makes any necessary repairs, and declares it safe to proceed.(h) If there is a determination that it is safe to proceed after receiving a message indicating a defect, and then the operator of a train, rolling stock, or on-track equipment receives another message indicating the same defect, the operator shall do all of the following:(1) Stop the train, rolling stock, or on-track equipment in accordance with applicable safety procedures.(2) Have the train, rolling stock, or on-track equipment fully inspected by a qualified mechanical inspector to determine if it is safe to proceed. The train, rolling stock, or on-track equipment shall not proceed until after a qualified mechanical inspector makes a thorough inspection, makes any necessary repairs, and declares it safe to proceed.(i) All inspections required by this section shall be performed from a position on the ground and shall not be made from, on, or within any vehicle.(j) (1) If a wayside detector system reports a number of axles for a train that is less than the reported number of axles for the train, then the operator shall report the discrepancy to the proper railroad authority.(2) If a wayside detector system reports a number of axles for the train that is greater than the reported number of axles for the train, then the operator shall report the discrepancy to the proper railroad authority. If the discrepancy is not resolved before the train travels five miles, then the operator shall stop the train in accordance with applicable safety procedures and shall not proceed until the discrepancy is resolved, all extra equipment or cars are identified, and any necessary documentation is issued.(k) A railroad doing business in this state shall ensure that its employees know and understand the requirements of this section.(l) A railroad shall partner with the commission to determine what temperature readings above ambient temperature of an identified defective car constitute a defect.(m) (1) The commission shall enforce this section.(2) A railroad in violation of this section shall be liable for a penalty of not less than twenty-five thousand dollars ($25,000) for each violation of this section. | |
| 60 | 71 | ||
| 61 | 72 | SEC. 2. Section 7615 is added to the Public Utilities Code, to read: | |
| 62 | 73 | ||
| 63 | 74 | ### SEC. 2. | |
| 64 | 75 | ||
| 65 | - | 7615. (a) For purposes of this section, all of the following definitions apply:(1) AAR frequency means the Association of American Railroads frequency assigned to the location of the wayside detector system that is sending a message.(2) Wayside detector communications system means technology that uses wireless communications systems or algorithms to allow communication between one wayside detector system with another wayside detector system to better predict and detect defects.(3) Wayside detector system means an electronic device or a series of connected devices that scan passing | |
| 76 | + | 7615. (a) For purposes of this section, all of the following definitions apply:(1) AAR frequency means the Association of American Railroads frequency assigned to the location of the wayside detector system that is sending a message.(2) Wayside detector communications system means technology that uses wireless communications systems or algorithms to allow communication between one wayside detector system with another wayside detector system to better predict and detect defects.(3) Wayside detector system means an electronic device or a series of connected devices that scan passing trains, rolling stock, on-track equipment, and their component equipment and parts for defects, which include, but are not limited to, hot wheel bearings, hot wheels, defective bearings that are detected through acoustics, dragging equipment, excessive height or weight, shifted loads, low hoses, excessive rail temperature, and poor wheel condition.(b) (1) Except as provided in paragraph (2), a railroad shall install and operate a network of wayside detector systems on or adjacent to its tracks with each wayside detector system no farther than 10 miles from another wayside detector system on a continuous track.(2) If the natural terrain renders it infeasible to install or operate a wayside detector system no farther than 10 miles from another wayside detector system on a continuous track, then a railroad shall install and operate a wayside detector system as close as feasible to another wayside detector system on a continuous track, but no farther than 15 miles from another wayside detector system on a continuous track.(c) If a train, rolling stock, or on-track equipment is operating on a track between wayside detector systems that do not comply with the spacing requirements of subdivision (b), then it shall not travel faster than 10 miles per hour and may only travel faster than 10 miles per hour after it passes a wayside detector system that is in compliance with the spacing requirements of subdivision (b) and has received a message from the wayside detector system indicating that there are no defects.(d) A wayside detector system shall provide an audible message on the AAR frequency and be equipped with a hot box detector, a hot wheel detector, and a dragging equipment detector. (e) If either a wayside detector system or a wayside detector communications system identifies a defect, an audible message shall sound over the AAR frequency at least three times, with each message lasting at least five seconds with at least five seconds of silence between each message. The audible message shall include all of the following information:(1) The system location milepost and name.(2) The track number, if applicable.(3) The total number of axles on the train, rolling stock, or on-track equipment, including motive power. (4) The location of the defect within the train, rolling stock, or on-track equipment, or its component parts or equipment.(f) If a wayside detector system identifies no defect, an audible message shall sound over the AAR frequency indicating the speed of the train, rolling stock, or on-track equipment, and that no defect was identified.(g) The operator of a train, rolling stock, or on-track equipment that receives a message indicating a defect shall do all of the following:(1) Stop the train, rolling stock, or on-track equipment in accordance with applicable safety procedures.(2) Inspect the location of the identified defect.(3) Note the results of the inspection and provide the results to the appropriate officer of the railroad, local dispatcher, or other qualified person based on the applicable railroad policy.(4) If the operator believes continued operation is safe based on the results of the inspection, the operator shall proceed to operate the train, rolling stock, or on-track equipment at a speed no faster than 10 miles per hour if carrying hazardous materials or at a speed no faster than 30 miles per hour if not carrying hazardous materials. The operator may exceed these speeds after passing a wayside detector system and receiving a message indicating no defect.(5) If the operator believes continued operation is unsafe based on the results of the inspection, the operator shall have the train, rolling stock, or on-track equipment fully inspected by a qualified mechanical inspector to determine if it is safe to proceed. The train, rolling stock, or on-track equipment shall not proceed until after a qualified mechanical inspector makes a thorough inspection, makes any necessary repairs, and declares it safe to proceed.(h) If there is a determination that it is safe to proceed after receiving a message indicating a defect, and then the operator of a train, rolling stock, or on-track equipment receives another message indicating the same defect, the operator shall do all of the following:(1) Stop the train, rolling stock, or on-track equipment in accordance with applicable safety procedures.(2) Have the train, rolling stock, or on-track equipment fully inspected by a qualified mechanical inspector to determine if it is safe to proceed. The train, rolling stock, or on-track equipment shall not proceed until after a qualified mechanical inspector makes a thorough inspection, makes any necessary repairs, and declares it safe to proceed.(i) All inspections required by this section shall be performed from a position on the ground and shall not be made from, on, or within any vehicle.(j) (1) If a wayside detector system reports a number of axles for a train that is less than the reported number of axles for the train, then the operator shall report the discrepancy to the proper railroad authority.(2) If a wayside detector system reports a number of axles for the train that is greater than the reported number of axles for the train, then the operator shall report the discrepancy to the proper railroad authority. If the discrepancy is not resolved before the train travels five miles, then the operator shall stop the train in accordance with applicable safety procedures and shall not proceed until the discrepancy is resolved, all extra equipment or cars are identified, and any necessary documentation is issued.(k) A railroad doing business in this state shall ensure that its employees know and understand the requirements of this section.(l) A railroad shall partner with the commission to determine what temperature readings above ambient temperature of an identified defective car constitute a defect.(m) (1) The commission shall enforce this section.(2) A railroad in violation of this section shall be liable for a penalty of not less than twenty-five thousand dollars ($25,000) for each violation of this section. | |
| 66 | 77 | ||
| 67 | - | 7615. (a) For purposes of this section, all of the following definitions apply:(1) AAR frequency means the Association of American Railroads frequency assigned to the location of the wayside detector system that is sending a message.(2) Wayside detector communications system means technology that uses wireless communications systems or algorithms to allow communication between one wayside detector system with another wayside detector system to better predict and detect defects.(3) Wayside detector system means an electronic device or a series of connected devices that scan passing | |
| 78 | + | 7615. (a) For purposes of this section, all of the following definitions apply:(1) AAR frequency means the Association of American Railroads frequency assigned to the location of the wayside detector system that is sending a message.(2) Wayside detector communications system means technology that uses wireless communications systems or algorithms to allow communication between one wayside detector system with another wayside detector system to better predict and detect defects.(3) Wayside detector system means an electronic device or a series of connected devices that scan passing trains, rolling stock, on-track equipment, and their component equipment and parts for defects, which include, but are not limited to, hot wheel bearings, hot wheels, defective bearings that are detected through acoustics, dragging equipment, excessive height or weight, shifted loads, low hoses, excessive rail temperature, and poor wheel condition.(b) (1) Except as provided in paragraph (2), a railroad shall install and operate a network of wayside detector systems on or adjacent to its tracks with each wayside detector system no farther than 10 miles from another wayside detector system on a continuous track.(2) If the natural terrain renders it infeasible to install or operate a wayside detector system no farther than 10 miles from another wayside detector system on a continuous track, then a railroad shall install and operate a wayside detector system as close as feasible to another wayside detector system on a continuous track, but no farther than 15 miles from another wayside detector system on a continuous track.(c) If a train, rolling stock, or on-track equipment is operating on a track between wayside detector systems that do not comply with the spacing requirements of subdivision (b), then it shall not travel faster than 10 miles per hour and may only travel faster than 10 miles per hour after it passes a wayside detector system that is in compliance with the spacing requirements of subdivision (b) and has received a message from the wayside detector system indicating that there are no defects.(d) A wayside detector system shall provide an audible message on the AAR frequency and be equipped with a hot box detector, a hot wheel detector, and a dragging equipment detector. (e) If either a wayside detector system or a wayside detector communications system identifies a defect, an audible message shall sound over the AAR frequency at least three times, with each message lasting at least five seconds with at least five seconds of silence between each message. The audible message shall include all of the following information:(1) The system location milepost and name.(2) The track number, if applicable.(3) The total number of axles on the train, rolling stock, or on-track equipment, including motive power. (4) The location of the defect within the train, rolling stock, or on-track equipment, or its component parts or equipment.(f) If a wayside detector system identifies no defect, an audible message shall sound over the AAR frequency indicating the speed of the train, rolling stock, or on-track equipment, and that no defect was identified.(g) The operator of a train, rolling stock, or on-track equipment that receives a message indicating a defect shall do all of the following:(1) Stop the train, rolling stock, or on-track equipment in accordance with applicable safety procedures.(2) Inspect the location of the identified defect.(3) Note the results of the inspection and provide the results to the appropriate officer of the railroad, local dispatcher, or other qualified person based on the applicable railroad policy.(4) If the operator believes continued operation is safe based on the results of the inspection, the operator shall proceed to operate the train, rolling stock, or on-track equipment at a speed no faster than 10 miles per hour if carrying hazardous materials or at a speed no faster than 30 miles per hour if not carrying hazardous materials. The operator may exceed these speeds after passing a wayside detector system and receiving a message indicating no defect.(5) If the operator believes continued operation is unsafe based on the results of the inspection, the operator shall have the train, rolling stock, or on-track equipment fully inspected by a qualified mechanical inspector to determine if it is safe to proceed. The train, rolling stock, or on-track equipment shall not proceed until after a qualified mechanical inspector makes a thorough inspection, makes any necessary repairs, and declares it safe to proceed.(h) If there is a determination that it is safe to proceed after receiving a message indicating a defect, and then the operator of a train, rolling stock, or on-track equipment receives another message indicating the same defect, the operator shall do all of the following:(1) Stop the train, rolling stock, or on-track equipment in accordance with applicable safety procedures.(2) Have the train, rolling stock, or on-track equipment fully inspected by a qualified mechanical inspector to determine if it is safe to proceed. The train, rolling stock, or on-track equipment shall not proceed until after a qualified mechanical inspector makes a thorough inspection, makes any necessary repairs, and declares it safe to proceed.(i) All inspections required by this section shall be performed from a position on the ground and shall not be made from, on, or within any vehicle.(j) (1) If a wayside detector system reports a number of axles for a train that is less than the reported number of axles for the train, then the operator shall report the discrepancy to the proper railroad authority.(2) If a wayside detector system reports a number of axles for the train that is greater than the reported number of axles for the train, then the operator shall report the discrepancy to the proper railroad authority. If the discrepancy is not resolved before the train travels five miles, then the operator shall stop the train in accordance with applicable safety procedures and shall not proceed until the discrepancy is resolved, all extra equipment or cars are identified, and any necessary documentation is issued.(k) A railroad doing business in this state shall ensure that its employees know and understand the requirements of this section.(l) A railroad shall partner with the commission to determine what temperature readings above ambient temperature of an identified defective car constitute a defect.(m) (1) The commission shall enforce this section.(2) A railroad in violation of this section shall be liable for a penalty of not less than twenty-five thousand dollars ($25,000) for each violation of this section. | |
| 68 | 79 | ||
| 69 | - | 7615. (a) For purposes of this section, all of the following definitions apply:(1) AAR frequency means the Association of American Railroads frequency assigned to the location of the wayside detector system that is sending a message.(2) Wayside detector communications system means technology that uses wireless communications systems or algorithms to allow communication between one wayside detector system with another wayside detector system to better predict and detect defects.(3) Wayside detector system means an electronic device or a series of connected devices that scan passing | |
| 80 | + | 7615. (a) For purposes of this section, all of the following definitions apply:(1) AAR frequency means the Association of American Railroads frequency assigned to the location of the wayside detector system that is sending a message.(2) Wayside detector communications system means technology that uses wireless communications systems or algorithms to allow communication between one wayside detector system with another wayside detector system to better predict and detect defects.(3) Wayside detector system means an electronic device or a series of connected devices that scan passing trains, rolling stock, on-track equipment, and their component equipment and parts for defects, which include, but are not limited to, hot wheel bearings, hot wheels, defective bearings that are detected through acoustics, dragging equipment, excessive height or weight, shifted loads, low hoses, excessive rail temperature, and poor wheel condition.(b) (1) Except as provided in paragraph (2), a railroad shall install and operate a network of wayside detector systems on or adjacent to its tracks with each wayside detector system no farther than 10 miles from another wayside detector system on a continuous track.(2) If the natural terrain renders it infeasible to install or operate a wayside detector system no farther than 10 miles from another wayside detector system on a continuous track, then a railroad shall install and operate a wayside detector system as close as feasible to another wayside detector system on a continuous track, but no farther than 15 miles from another wayside detector system on a continuous track.(c) If a train, rolling stock, or on-track equipment is operating on a track between wayside detector systems that do not comply with the spacing requirements of subdivision (b), then it shall not travel faster than 10 miles per hour and may only travel faster than 10 miles per hour after it passes a wayside detector system that is in compliance with the spacing requirements of subdivision (b) and has received a message from the wayside detector system indicating that there are no defects.(d) A wayside detector system shall provide an audible message on the AAR frequency and be equipped with a hot box detector, a hot wheel detector, and a dragging equipment detector. (e) If either a wayside detector system or a wayside detector communications system identifies a defect, an audible message shall sound over the AAR frequency at least three times, with each message lasting at least five seconds with at least five seconds of silence between each message. The audible message shall include all of the following information:(1) The system location milepost and name.(2) The track number, if applicable.(3) The total number of axles on the train, rolling stock, or on-track equipment, including motive power. (4) The location of the defect within the train, rolling stock, or on-track equipment, or its component parts or equipment.(f) If a wayside detector system identifies no defect, an audible message shall sound over the AAR frequency indicating the speed of the train, rolling stock, or on-track equipment, and that no defect was identified.(g) The operator of a train, rolling stock, or on-track equipment that receives a message indicating a defect shall do all of the following:(1) Stop the train, rolling stock, or on-track equipment in accordance with applicable safety procedures.(2) Inspect the location of the identified defect.(3) Note the results of the inspection and provide the results to the appropriate officer of the railroad, local dispatcher, or other qualified person based on the applicable railroad policy.(4) If the operator believes continued operation is safe based on the results of the inspection, the operator shall proceed to operate the train, rolling stock, or on-track equipment at a speed no faster than 10 miles per hour if carrying hazardous materials or at a speed no faster than 30 miles per hour if not carrying hazardous materials. The operator may exceed these speeds after passing a wayside detector system and receiving a message indicating no defect.(5) If the operator believes continued operation is unsafe based on the results of the inspection, the operator shall have the train, rolling stock, or on-track equipment fully inspected by a qualified mechanical inspector to determine if it is safe to proceed. The train, rolling stock, or on-track equipment shall not proceed until after a qualified mechanical inspector makes a thorough inspection, makes any necessary repairs, and declares it safe to proceed.(h) If there is a determination that it is safe to proceed after receiving a message indicating a defect, and then the operator of a train, rolling stock, or on-track equipment receives another message indicating the same defect, the operator shall do all of the following:(1) Stop the train, rolling stock, or on-track equipment in accordance with applicable safety procedures.(2) Have the train, rolling stock, or on-track equipment fully inspected by a qualified mechanical inspector to determine if it is safe to proceed. The train, rolling stock, or on-track equipment shall not proceed until after a qualified mechanical inspector makes a thorough inspection, makes any necessary repairs, and declares it safe to proceed.(i) All inspections required by this section shall be performed from a position on the ground and shall not be made from, on, or within any vehicle.(j) (1) If a wayside detector system reports a number of axles for a train that is less than the reported number of axles for the train, then the operator shall report the discrepancy to the proper railroad authority.(2) If a wayside detector system reports a number of axles for the train that is greater than the reported number of axles for the train, then the operator shall report the discrepancy to the proper railroad authority. If the discrepancy is not resolved before the train travels five miles, then the operator shall stop the train in accordance with applicable safety procedures and shall not proceed until the discrepancy is resolved, all extra equipment or cars are identified, and any necessary documentation is issued.(k) A railroad doing business in this state shall ensure that its employees know and understand the requirements of this section.(l) A railroad shall partner with the commission to determine what temperature readings above ambient temperature of an identified defective car constitute a defect.(m) (1) The commission shall enforce this section.(2) A railroad in violation of this section shall be liable for a penalty of not less than twenty-five thousand dollars ($25,000) for each violation of this section. | |
| 70 | 81 | ||
| 71 | 82 | ||
| 72 | 83 | ||
| 73 | 84 | 7615. (a) For purposes of this section, all of the following definitions apply: | |
| 74 | 85 | ||
| 75 | 86 | (1) AAR frequency means the Association of American Railroads frequency assigned to the location of the wayside detector system that is sending a message. | |
| 76 | 87 | ||
| 77 | 88 | (2) Wayside detector communications system means technology that uses wireless communications systems or algorithms to allow communication between one wayside detector system with another wayside detector system to better predict and detect defects. | |
| 78 | 89 | ||
| 79 | - | (3) Wayside detector system means an electronic device or a series of connected devices that scan passing | |
| 90 | + | (3) Wayside detector system means an electronic device or a series of connected devices that scan passing trains, rolling stock, on-track equipment, and their component equipment and parts for defects, which include, but are not limited to, hot wheel bearings, hot wheels, defective bearings that are detected through acoustics, dragging equipment, excessive height or weight, shifted loads, low hoses, excessive rail temperature, and poor wheel condition. | |
| 80 | 91 | ||
| 81 | - | (b) (1) Except as provided in paragraph (2), a railroad | |
| 92 | + | (b) (1) Except as provided in paragraph (2), a railroad shall install and operate a network of wayside detector systems on or adjacent to its tracks with each wayside detector system no farther than 10 miles from another wayside detector system on a continuous track. | |
| 82 | 93 | ||
| 83 | - | (2) If the natural terrain renders it infeasible to install or operate a wayside detector system no farther than 10 miles from another wayside detector system on a continuous track, then a railroad | |
| 94 | + | (2) If the natural terrain renders it infeasible to install or operate a wayside detector system no farther than 10 miles from another wayside detector system on a continuous track, then a railroad shall install and operate a wayside detector system as close as feasible to another wayside detector system on a continuous track, but no farther than 15 miles from another wayside detector system on a continuous track. | |
| 84 | 95 | ||
| 85 | - | (c) If a | |
| 96 | + | (c) If a train, rolling stock, or on-track equipment is operating on a track between wayside detector systems that do not comply with the spacing requirements of subdivision (b), then it shall not travel faster than 10 miles per hour and may only travel faster than 10 miles per hour after it passes a wayside detector system that is in compliance with the spacing requirements of subdivision (b) and has received a message from the wayside detector system indicating that there are no defects. | |
| 86 | 97 | ||
| 87 | 98 | (d) A wayside detector system shall provide an audible message on the AAR frequency and be equipped with a hot box detector, a hot wheel detector, and a dragging equipment detector. | |
| 88 | 99 | ||
| 89 | 100 | (e) If either a wayside detector system or a wayside detector communications system identifies a defect, an audible message shall sound over the AAR frequency at least three times, with each message lasting at least five seconds with at least five seconds of silence between each message. The audible message shall include all of the following information: | |
| 90 | 101 | ||
| 91 | 102 | (1) The system location milepost and name. | |
| 92 | 103 | ||
| 93 | 104 | (2) The track number, if applicable. | |
| 94 | 105 | ||
| 95 | - | (3) The total number of axles on the | |
| 106 | + | (3) The total number of axles on the train, rolling stock, or on-track equipment, including motive power. | |
| 96 | 107 | ||
| 97 | - | (4) The location of the defect within the | |
| 108 | + | (4) The location of the defect within the train, rolling stock, or on-track equipment, or its component parts or equipment. | |
| 98 | 109 | ||
| 99 | - | (f) If a wayside detector system identifies no defect, an audible message shall sound over the AAR frequency indicating the speed of the | |
| 110 | + | (f) If a wayside detector system identifies no defect, an audible message shall sound over the AAR frequency indicating the speed of the train, rolling stock, or on-track equipment, and that no defect was identified. | |
| 100 | 111 | ||
| 101 | - | (g) The operator of a | |
| 112 | + | (g) The operator of a train, rolling stock, or on-track equipment that receives a message indicating a defect shall do all of the following: | |
| 102 | 113 | ||
| 103 | - | (1) Stop the | |
| 114 | + | (1) Stop the train, rolling stock, or on-track equipment in accordance with applicable safety procedures. | |
| 104 | 115 | ||
| 105 | 116 | (2) Inspect the location of the identified defect. | |
| 106 | 117 | ||
| 107 | - | (3) Note the results of the inspection and provide the results to the appropriate officer of the railroad, | |
| 118 | + | (3) Note the results of the inspection and provide the results to the appropriate officer of the railroad, local dispatcher, or other qualified person based on the applicable railroad policy. | |
| 108 | 119 | ||
| 109 | - | (4) If the operator believes continued operation is safe based on the results of the inspection, the operator shall proceed to operate the | |
| 120 | + | (4) If the operator believes continued operation is safe based on the results of the inspection, the operator shall proceed to operate the train, rolling stock, or on-track equipment at a speed no faster than 10 miles per hour if carrying hazardous materials or at a speed no faster than 30 miles per hour if not carrying hazardous materials. The operator may exceed these speeds after passing a wayside detector system and receiving a message indicating no defect. | |
| 110 | 121 | ||
| 111 | - | (5) If the operator believes continued operation is unsafe based on the results of the inspection, the operator shall have the | |
| 122 | + | (5) If the operator believes continued operation is unsafe based on the results of the inspection, the operator shall have the train, rolling stock, or on-track equipment fully inspected by a qualified mechanical inspector to determine if it is safe to proceed. The train, rolling stock, or on-track equipment shall not proceed until after a qualified mechanical inspector makes a thorough inspection, makes any necessary repairs, and declares it safe to proceed. | |
| 112 | 123 | ||
| 113 | - | (h) If there is a determination that it is safe to proceed after receiving a message indicating a defect, and then the operator of a | |
| 124 | + | (h) If there is a determination that it is safe to proceed after receiving a message indicating a defect, and then the operator of a train, rolling stock, or on-track equipment receives another message indicating the same defect, the operator shall do all of the following: | |
| 114 | 125 | ||
| 115 | - | (1) Stop the | |
| 126 | + | (1) Stop the train, rolling stock, or on-track equipment in accordance with applicable safety procedures. | |
| 116 | 127 | ||
| 117 | - | (2) Have the | |
| 128 | + | (2) Have the train, rolling stock, or on-track equipment fully inspected by a qualified mechanical inspector to determine if it is safe to proceed. The train, rolling stock, or on-track equipment shall not proceed until after a qualified mechanical inspector makes a thorough inspection, makes any necessary repairs, and declares it safe to proceed. | |
| 118 | 129 | ||
| 119 | 130 | (i) All inspections required by this section shall be performed from a position on the ground and shall not be made from, on, or within any vehicle. | |
| 120 | 131 | ||
| 121 | - | (j) (1) If a wayside detector system reports a number of axles for a | |
| 132 | + | (j) (1) If a wayside detector system reports a number of axles for a train that is less than the reported number of axles for the train, then the operator shall report the discrepancy to the proper railroad authority. | |
| 122 | 133 | ||
| 123 | - | (2) If a wayside detector system reports a number of axles for the | |
| 134 | + | (2) If a wayside detector system reports a number of axles for the train that is greater than the reported number of axles for the train, then the operator shall report the discrepancy to the proper railroad authority. If the discrepancy is not resolved before the train travels five miles, then the operator shall stop the train in accordance with applicable safety procedures and shall not proceed until the discrepancy is resolved, all extra equipment or cars are identified, and any necessary documentation is issued. | |
| 124 | 135 | ||
| 125 | - | (k) A railroad | |
| 136 | + | (k) A railroad doing business in this state shall ensure that its employees know and understand the requirements of this section. | |
| 126 | 137 | ||
| 127 | - | (l) A railroad | |
| 138 | + | (l) A railroad shall partner with the commission to determine what temperature readings above ambient temperature of an identified defective car constitute a defect. | |
| 128 | 139 | ||
| 129 | 140 | (m) (1) The commission shall enforce this section. | |
| 130 | 141 | ||
| 131 | - | (2) A railroad | |
| 142 | + | (2) A railroad in violation of this section shall be liable for a penalty of not less than twenty-five thousand dollars ($25,000) for each violation of this section. | |
| 132 | 143 | ||
| 133 | - | SEC. 3. Section 7664 is added to the Public Utilities Code, to read:7664. (a) For purpose | |
| 144 | + | SEC. 3. Section 7664 is added to the Public Utilities Code, to read:7664. (a) For purpose of this section, the following definitions apply:(1) Branch line means a secondary railroad track that branches off from a main railroad line.(2) Main line means a Class I railroad, as documented in current timetables filed by the Class I railroad with the Federal Railroad Administration under Part 217.7 of Title 49 of the Code of Federal Regulations, over which 5,000,000 or more gross tons of railroad traffic is transported annually, or used for regularly scheduled intercity or commuter rail passenger service, or both. For purposes of this section, tourist, scenic, historic, or excursion operations are not intercity or commuter passenger service.(3) (A) Railroad means, unless the context otherwise requires, any form of nonhighway ground transportation that runs on rails or electromagnetic guideways, including, but not limited to, both of the following:(i) Commuter or other short-haul railroad passenger service in a metropolitan or suburban area and commuter railroad service.(ii) High-speed ground transportation systems that connect metropolitan areas, without regard to whether those systems use new technologies not associated with traditional railroads.(B) Railroad does not include rapid transit operations in an urban area that are not connected to the general railroad system of transportation.(4) Train means one or more locomotives coupled with or without cars, requiring an air brake test in accordance with Part 232 or 238 of Title 49 of the Code of Federal Regulations, except during switching operations or where the operation is that of classifying and assembling rail cars within a railroad yard for the purpose of making or breaking up trains.(5) Train length means the total length of a train as measured in linear feet.(b) (1) A train originating in this state with a train length exceeding 7,500 feet shall not operate on any part of a main line or branch line in this state.(2) If a train originating from outside this state with a train length exceeding 7,500 feet operates in this state and stops to add or remove cars prior to its final destination, then it shall reduce its train length to not exceed 7,500 feet while it is stopped to add or remove cars prior to its final destination.(c) (1) The commission shall enforce subdivision (b).(2) A railroad in violation of subdivision (b) shall be liable as follows:(A) A penalty of not less than five thousand dollars ($5,000) for the first violation.(B) A penalty of not less than ten thousand dollars ($10,000) for a second violation within three years of a prior violation.(C) A penalty of not less than twenty-five thousand dollars ($25,000) for a third or subsequent violation within three years of two prior violations. | |
| 134 | 145 | ||
| 135 | 146 | SEC. 3. Section 7664 is added to the Public Utilities Code, to read: | |
| 136 | 147 | ||
| 137 | 148 | ### SEC. 3. | |
| 138 | 149 | ||
| 139 | - | 7664. (a) For purpose | |
| 150 | + | 7664. (a) For purpose of this section, the following definitions apply:(1) Branch line means a secondary railroad track that branches off from a main railroad line.(2) Main line means a Class I railroad, as documented in current timetables filed by the Class I railroad with the Federal Railroad Administration under Part 217.7 of Title 49 of the Code of Federal Regulations, over which 5,000,000 or more gross tons of railroad traffic is transported annually, or used for regularly scheduled intercity or commuter rail passenger service, or both. For purposes of this section, tourist, scenic, historic, or excursion operations are not intercity or commuter passenger service.(3) (A) Railroad means, unless the context otherwise requires, any form of nonhighway ground transportation that runs on rails or electromagnetic guideways, including, but not limited to, both of the following:(i) Commuter or other short-haul railroad passenger service in a metropolitan or suburban area and commuter railroad service.(ii) High-speed ground transportation systems that connect metropolitan areas, without regard to whether those systems use new technologies not associated with traditional railroads.(B) Railroad does not include rapid transit operations in an urban area that are not connected to the general railroad system of transportation.(4) Train means one or more locomotives coupled with or without cars, requiring an air brake test in accordance with Part 232 or 238 of Title 49 of the Code of Federal Regulations, except during switching operations or where the operation is that of classifying and assembling rail cars within a railroad yard for the purpose of making or breaking up trains.(5) Train length means the total length of a train as measured in linear feet.(b) (1) A train originating in this state with a train length exceeding 7,500 feet shall not operate on any part of a main line or branch line in this state.(2) If a train originating from outside this state with a train length exceeding 7,500 feet operates in this state and stops to add or remove cars prior to its final destination, then it shall reduce its train length to not exceed 7,500 feet while it is stopped to add or remove cars prior to its final destination.(c) (1) The commission shall enforce subdivision (b).(2) A railroad in violation of subdivision (b) shall be liable as follows:(A) A penalty of not less than five thousand dollars ($5,000) for the first violation.(B) A penalty of not less than ten thousand dollars ($10,000) for a second violation within three years of a prior violation.(C) A penalty of not less than twenty-five thousand dollars ($25,000) for a third or subsequent violation within three years of two prior violations. | |
| 140 | 151 | ||
| 141 | - | 7664. (a) For purpose | |
| 152 | + | 7664. (a) For purpose of this section, the following definitions apply:(1) Branch line means a secondary railroad track that branches off from a main railroad line.(2) Main line means a Class I railroad, as documented in current timetables filed by the Class I railroad with the Federal Railroad Administration under Part 217.7 of Title 49 of the Code of Federal Regulations, over which 5,000,000 or more gross tons of railroad traffic is transported annually, or used for regularly scheduled intercity or commuter rail passenger service, or both. For purposes of this section, tourist, scenic, historic, or excursion operations are not intercity or commuter passenger service.(3) (A) Railroad means, unless the context otherwise requires, any form of nonhighway ground transportation that runs on rails or electromagnetic guideways, including, but not limited to, both of the following:(i) Commuter or other short-haul railroad passenger service in a metropolitan or suburban area and commuter railroad service.(ii) High-speed ground transportation systems that connect metropolitan areas, without regard to whether those systems use new technologies not associated with traditional railroads.(B) Railroad does not include rapid transit operations in an urban area that are not connected to the general railroad system of transportation.(4) Train means one or more locomotives coupled with or without cars, requiring an air brake test in accordance with Part 232 or 238 of Title 49 of the Code of Federal Regulations, except during switching operations or where the operation is that of classifying and assembling rail cars within a railroad yard for the purpose of making or breaking up trains.(5) Train length means the total length of a train as measured in linear feet.(b) (1) A train originating in this state with a train length exceeding 7,500 feet shall not operate on any part of a main line or branch line in this state.(2) If a train originating from outside this state with a train length exceeding 7,500 feet operates in this state and stops to add or remove cars prior to its final destination, then it shall reduce its train length to not exceed 7,500 feet while it is stopped to add or remove cars prior to its final destination.(c) (1) The commission shall enforce subdivision (b).(2) A railroad in violation of subdivision (b) shall be liable as follows:(A) A penalty of not less than five thousand dollars ($5,000) for the first violation.(B) A penalty of not less than ten thousand dollars ($10,000) for a second violation within three years of a prior violation.(C) A penalty of not less than twenty-five thousand dollars ($25,000) for a third or subsequent violation within three years of two prior violations. | |
| 142 | 153 | ||
| 143 | - | 7664. (a) For purpose | |
| 154 | + | 7664. (a) For purpose of this section, the following definitions apply:(1) Branch line means a secondary railroad track that branches off from a main railroad line.(2) Main line means a Class I railroad, as documented in current timetables filed by the Class I railroad with the Federal Railroad Administration under Part 217.7 of Title 49 of the Code of Federal Regulations, over which 5,000,000 or more gross tons of railroad traffic is transported annually, or used for regularly scheduled intercity or commuter rail passenger service, or both. For purposes of this section, tourist, scenic, historic, or excursion operations are not intercity or commuter passenger service.(3) (A) Railroad means, unless the context otherwise requires, any form of nonhighway ground transportation that runs on rails or electromagnetic guideways, including, but not limited to, both of the following:(i) Commuter or other short-haul railroad passenger service in a metropolitan or suburban area and commuter railroad service.(ii) High-speed ground transportation systems that connect metropolitan areas, without regard to whether those systems use new technologies not associated with traditional railroads.(B) Railroad does not include rapid transit operations in an urban area that are not connected to the general railroad system of transportation.(4) Train means one or more locomotives coupled with or without cars, requiring an air brake test in accordance with Part 232 or 238 of Title 49 of the Code of Federal Regulations, except during switching operations or where the operation is that of classifying and assembling rail cars within a railroad yard for the purpose of making or breaking up trains.(5) Train length means the total length of a train as measured in linear feet.(b) (1) A train originating in this state with a train length exceeding 7,500 feet shall not operate on any part of a main line or branch line in this state.(2) If a train originating from outside this state with a train length exceeding 7,500 feet operates in this state and stops to add or remove cars prior to its final destination, then it shall reduce its train length to not exceed 7,500 feet while it is stopped to add or remove cars prior to its final destination.(c) (1) The commission shall enforce subdivision (b).(2) A railroad in violation of subdivision (b) shall be liable as follows:(A) A penalty of not less than five thousand dollars ($5,000) for the first violation.(B) A penalty of not less than ten thousand dollars ($10,000) for a second violation within three years of a prior violation.(C) A penalty of not less than twenty-five thousand dollars ($25,000) for a third or subsequent violation within three years of two prior violations. | |
| 144 | 155 | ||
| 145 | 156 | ||
| 146 | 157 | ||
| 147 | - | 7664. (a) For purpose | |
| 158 | + | 7664. (a) For purpose of this section, the following definitions apply: | |
| 148 | 159 | ||
| 149 | - | (1) Branch line means a secondary railroad track | |
| 160 | + | (1) Branch line means a secondary railroad track that branches off from a main railroad line. | |
| 150 | 161 | ||
| 151 | - | (2) Main line means | |
| 162 | + | (2) Main line means a Class I railroad, as documented in current timetables filed by the Class I railroad with the Federal Railroad Administration under Part 217.7 of Title 49 of the Code of Federal Regulations, over which 5,000,000 or more gross tons of railroad traffic is transported annually, or used for regularly scheduled intercity or commuter rail passenger service, or both. For purposes of this section, tourist, scenic, historic, or excursion operations are not intercity or commuter passenger service. | |
| 152 | 163 | ||
| 153 | - | (3) (A)Railroad means, unless the context otherwise requires, | |
| 164 | + | (3) (A) Railroad means, unless the context otherwise requires, any form of nonhighway ground transportation that runs on rails or electromagnetic guideways, including, but not limited to, both of the following: | |
| 154 | 165 | ||
| 155 | 166 | (i) Commuter or other short-haul railroad passenger service in a metropolitan or suburban area and commuter railroad service. | |
| 156 | 167 | ||
| 157 | - | ||
| 158 | - | ||
| 159 | 168 | (ii) High-speed ground transportation systems that connect metropolitan areas, without regard to whether those systems use new technologies not associated with traditional railroads. | |
| 160 | - | ||
| 161 | - | ||
| 162 | 169 | ||
| 163 | 170 | (B) Railroad does not include rapid transit operations in an urban area that are not connected to the general railroad system of transportation. | |
| 164 | 171 | ||
| 165 | - | ||
| 166 | - | ||
| 167 | - | (4) Train Freight train means one or more locomotives coupled with or without cars, requiring an air brake test in accordance with Part 232 or 238 of Title 49 of the Code of Federal Regulations, cars or with one or more freight cars, except during switching operations or where the operation is that of classifying and assembling rail cars within a railroad yard for the purpose of making or breaking up trains. | |
| 172 | + | (4) Train means one or more locomotives coupled with or without cars, requiring an air brake test in accordance with Part 232 or 238 of Title 49 of the Code of Federal Regulations, except during switching operations or where the operation is that of classifying and assembling rail cars within a railroad yard for the purpose of making or breaking up trains. | |
| 168 | 173 | ||
| 169 | 174 | (5) Train length means the total length of a train as measured in linear feet. | |
| 170 | 175 | ||
| 171 | - | (b) (1) A | |
| 176 | + | (b) (1) A train originating in this state with a train length exceeding 7,500 feet shall not operate on any part of a main line or branch line in this state. | |
| 172 | 177 | ||
| 173 | - | (2) If a | |
| 178 | + | (2) If a train originating from outside this state with a train length exceeding 7,500 feet operates in this state and stops to add or remove cars prior to its final destination, then it shall reduce its train length to not exceed 7,500 feet while it is stopped to add or remove cars prior to its final destination. | |
| 174 | 179 | ||
| 175 | 180 | (c) (1) The commission shall enforce subdivision (b). | |
| 176 | 181 | ||
| 177 | - | (2) A railroad | |
| 182 | + | (2) A railroad in violation of subdivision (b) shall be liable as follows: | |
| 178 | 183 | ||
| 179 | 184 | (A) A penalty of not less than five thousand dollars ($5,000) for the first violation. | |
| 180 | 185 | ||
| 181 | 186 | (B) A penalty of not less than ten thousand dollars ($10,000) for a second violation within three years of a prior violation. | |
| 182 | 187 | ||
| 183 | 188 | (C) A penalty of not less than twenty-five thousand dollars ($25,000) for a third or subsequent violation within three years of two prior violations. | |
| 184 | 189 | ||
| 185 | - | SEC. 4. Section 7664.5 is added to the Public Utilities Code, to read:7664.5. (a) For purposes of this section, the following definitions apply:(1) At-grade railroad crossing means a location where a public highway, road, street, or private roadway, including associated sidewalks and pathways, crosses one or more railroad tracks at the same level.(2) Authorized emergency vehicle has the same meaning as in Section 165 of the Vehicle Code.(b) (1) Except as provided in paragraph (2), a | |
| 190 | + | SEC. 4. Section 7664.5 is added to the Public Utilities Code, to read:7664.5. (a) For purposes of this section, the following definitions apply:(1) At-grade railroad crossing means a location where a public highway, road, street, or private roadway, including associated sidewalks and pathways, crosses one or more railroad tracks at the same level.(2) Authorized emergency vehicle has the same meaning as in Section 165 of the Vehicle Code.(b) (1) Except as provided in paragraph (2), a train, rolling stock, or other on-track equipment that is completely stopped and that is blocking an at-grade railroad crossing shall be cut, separated, or moved to clear the at-grade railroad crossing upon the approach of an authorized emergency vehicle.(2) Paragraph (1) does not apply to a train, rolling stock, or other on-track equipment that is stopped due to a mechanical failure and where separation or movement is not possible.(c) (1) The commission shall enforce subdivision (b).(2) A railroad in violation of subdivision (b) shall be liable as follows:(A) A penalty of not less than five thousand dollars ($5,000) for the first violation.(B) A penalty of not less than ten thousand dollars ($10,000) for a second violation within three years of a prior violation.(C) A penalty of not less than twenty-five thousand dollars ($25,000) for a third or subsequent violation within three years of two prior violations. | |
| 186 | 191 | ||
| 187 | 192 | SEC. 4. Section 7664.5 is added to the Public Utilities Code, to read: | |
| 188 | 193 | ||
| 189 | 194 | ### SEC. 4. | |
| 190 | 195 | ||
| 191 | - | 7664.5. (a) For purposes of this section, the following definitions apply:(1) At-grade railroad crossing means a location where a public highway, road, street, or private roadway, including associated sidewalks and pathways, crosses one or more railroad tracks at the same level.(2) Authorized emergency vehicle has the same meaning as in Section 165 of the Vehicle Code.(b) (1) Except as provided in paragraph (2), a | |
| 196 | + | 7664.5. (a) For purposes of this section, the following definitions apply:(1) At-grade railroad crossing means a location where a public highway, road, street, or private roadway, including associated sidewalks and pathways, crosses one or more railroad tracks at the same level.(2) Authorized emergency vehicle has the same meaning as in Section 165 of the Vehicle Code.(b) (1) Except as provided in paragraph (2), a train, rolling stock, or other on-track equipment that is completely stopped and that is blocking an at-grade railroad crossing shall be cut, separated, or moved to clear the at-grade railroad crossing upon the approach of an authorized emergency vehicle.(2) Paragraph (1) does not apply to a train, rolling stock, or other on-track equipment that is stopped due to a mechanical failure and where separation or movement is not possible.(c) (1) The commission shall enforce subdivision (b).(2) A railroad in violation of subdivision (b) shall be liable as follows:(A) A penalty of not less than five thousand dollars ($5,000) for the first violation.(B) A penalty of not less than ten thousand dollars ($10,000) for a second violation within three years of a prior violation.(C) A penalty of not less than twenty-five thousand dollars ($25,000) for a third or subsequent violation within three years of two prior violations. | |
| 192 | 197 | ||
| 193 | - | 7664.5. (a) For purposes of this section, the following definitions apply:(1) At-grade railroad crossing means a location where a public highway, road, street, or private roadway, including associated sidewalks and pathways, crosses one or more railroad tracks at the same level.(2) Authorized emergency vehicle has the same meaning as in Section 165 of the Vehicle Code.(b) (1) Except as provided in paragraph (2), a | |
| 198 | + | 7664.5. (a) For purposes of this section, the following definitions apply:(1) At-grade railroad crossing means a location where a public highway, road, street, or private roadway, including associated sidewalks and pathways, crosses one or more railroad tracks at the same level.(2) Authorized emergency vehicle has the same meaning as in Section 165 of the Vehicle Code.(b) (1) Except as provided in paragraph (2), a train, rolling stock, or other on-track equipment that is completely stopped and that is blocking an at-grade railroad crossing shall be cut, separated, or moved to clear the at-grade railroad crossing upon the approach of an authorized emergency vehicle.(2) Paragraph (1) does not apply to a train, rolling stock, or other on-track equipment that is stopped due to a mechanical failure and where separation or movement is not possible.(c) (1) The commission shall enforce subdivision (b).(2) A railroad in violation of subdivision (b) shall be liable as follows:(A) A penalty of not less than five thousand dollars ($5,000) for the first violation.(B) A penalty of not less than ten thousand dollars ($10,000) for a second violation within three years of a prior violation.(C) A penalty of not less than twenty-five thousand dollars ($25,000) for a third or subsequent violation within three years of two prior violations. | |
| 194 | 199 | ||
| 195 | - | 7664.5. (a) For purposes of this section, the following definitions apply:(1) At-grade railroad crossing means a location where a public highway, road, street, or private roadway, including associated sidewalks and pathways, crosses one or more railroad tracks at the same level.(2) Authorized emergency vehicle has the same meaning as in Section 165 of the Vehicle Code.(b) (1) Except as provided in paragraph (2), a | |
| 200 | + | 7664.5. (a) For purposes of this section, the following definitions apply:(1) At-grade railroad crossing means a location where a public highway, road, street, or private roadway, including associated sidewalks and pathways, crosses one or more railroad tracks at the same level.(2) Authorized emergency vehicle has the same meaning as in Section 165 of the Vehicle Code.(b) (1) Except as provided in paragraph (2), a train, rolling stock, or other on-track equipment that is completely stopped and that is blocking an at-grade railroad crossing shall be cut, separated, or moved to clear the at-grade railroad crossing upon the approach of an authorized emergency vehicle.(2) Paragraph (1) does not apply to a train, rolling stock, or other on-track equipment that is stopped due to a mechanical failure and where separation or movement is not possible.(c) (1) The commission shall enforce subdivision (b).(2) A railroad in violation of subdivision (b) shall be liable as follows:(A) A penalty of not less than five thousand dollars ($5,000) for the first violation.(B) A penalty of not less than ten thousand dollars ($10,000) for a second violation within three years of a prior violation.(C) A penalty of not less than twenty-five thousand dollars ($25,000) for a third or subsequent violation within three years of two prior violations. | |
| 196 | 201 | ||
| 197 | 202 | ||
| 198 | 203 | ||
| 199 | 204 | 7664.5. (a) For purposes of this section, the following definitions apply: | |
| 200 | 205 | ||
| 201 | 206 | (1) At-grade railroad crossing means a location where a public highway, road, street, or private roadway, including associated sidewalks and pathways, crosses one or more railroad tracks at the same level. | |
| 202 | 207 | ||
| 203 | 208 | (2) Authorized emergency vehicle has the same meaning as in Section 165 of the Vehicle Code. | |
| 204 | 209 | ||
| 205 | - | (b) (1) Except as provided in paragraph (2), a | |
| 210 | + | (b) (1) Except as provided in paragraph (2), a train, rolling stock, or other on-track equipment that is completely stopped and that is blocking an at-grade railroad crossing shall be cut, separated, or moved to clear the at-grade railroad crossing upon the approach of an authorized emergency vehicle. | |
| 206 | 211 | ||
| 207 | - | (2) Paragraph (1) does not apply to a | |
| 212 | + | (2) Paragraph (1) does not apply to a train, rolling stock, or other on-track equipment that is stopped due to a mechanical failure and where separation or movement is not possible. | |
| 208 | 213 | ||
| 209 | 214 | (c) (1) The commission shall enforce subdivision (b). | |
| 210 | 215 | ||
| 211 | - | (2) A railroad | |
| 216 | + | (2) A railroad in violation of subdivision (b) shall be liable as follows: | |
| 212 | 217 | ||
| 213 | 218 | (A) A penalty of not less than five thousand dollars ($5,000) for the first violation. | |
| 214 | 219 | ||
| 215 | 220 | (B) A penalty of not less than ten thousand dollars ($10,000) for a second violation within three years of a prior violation. | |
| 216 | 221 | ||
| 217 | 222 | (C) A penalty of not less than twenty-five thousand dollars ($25,000) for a third or subsequent violation within three years of two prior violations. | |
| 223 | + | ||
| 224 | + | ||
| 225 | + | ||
| 226 | + | ||
| 227 | + | ||
| 228 | + | (a)Whenever the commission deems it expedient to alter the established grade of a state highway, or portion thereof, within a city, the commission may declare, by resolution, the commissions intention to alter that established grade. The resolution shall briefly specify the grade to be established and include a reference to a place where a profile map or maps showing the new grade and the old grade may be examined and a place in the city where objections may be presented. | |
| 229 | + | ||
| 230 | + | ||
| 231 | + | ||
| 232 | + | (b)A copy of the map or maps described in subdivision (a) shall be furnished to the governing body having jurisdiction over any highway intersecting or intercepting any affected portion of the state highway proposed to be altered pursuant to subdivision (a). |