SB 730 passes!

BILL NUMBER: SB 730	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Wolk

                        FEBRUARY 27, 2015

   An act to add Section 6903 to the Labor Code, relating to
railroads.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 730, as introduced, Wolk. Railroads: movement of freight:
trains or light engines: crew size.
   The existing Federal Railroad Safety Act (FRSA) authorizes the
Secretary of Transportation to prescribe regulations and issue orders
for railroad safety and requires the 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
Secretary of Transportation. 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 Secretary of
Transportation (with respect to railroad safety matters), or the
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.
   Under existing law, the Public Utilities Commission has
enforcement authority over specified provisions relating to
safeguards on railroads. Under existing law, a violation of those
specified provisions is a crime.
   This bill would prohibit, on and after February 1, 2016, a train
or light engine used in connection with the movement of freight, as
specified, from being operated unless it has a crew consisting of at
least 2 individuals. The bill would authorize the Public Utilities
Commission to assess civil penalties against any person who willfully
violates this provision, as specified.
   Because a violation of these provisions would be a crime, the bill
would impose a state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 6903 is added to the Labor Code, to read:
   6903.  (a) Effective February 1, 2016, a train or light engine
used in connection with the movement of freight shall not be operated
unless it has a crew consisting of at least two individuals.
   (b) For purposes of this section, the term "train or light engine
used in connection with the movement of freight" shall not include
hostler service or utility employees.
   (c) The Public Utilities Commission may assess civil penalties
against any person who willfully violates this section, according to
the following schedule:
   (1) A civil penalty of two hundred fifty dollars ($250) to one
thousand dollars ($1,000) for the first violation.
   (2) A civil penalty of one thousand dollars ($1,000) to five
thousand dollars ($5,000) for the second violation within a
three-year period.
   (3) A civil penalty of five thousand dollars ($5,000) to ten
thousand dollars ($10,000) for the third violation and each
subsequent violation within a three-year period.
   (d) The remedies available to the commission pursuant to this
section are nonexclusive and do not limit the remedies available
under all other laws or pursuant to contract.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
Advertisements

Leave a Reply

Please log in using one of these methods to post your comment:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

w

Connecting to %s