7710. For purposes of this article, the following definitions shall
apply:
(a) "Commission" shall mean the Public Utilities Commission.
(b) "Fund" means the Rail Accident Prevention and Response Fund
created pursuant to Section 7713.
(c) "Prevention account" means the Hazardous Spill Prevention
Account created, pursuant to Section 7714, in the Railroad Accident
Prevention and Response Fund.
(d) "Secretary" means the Secretary of the California
Environmental Protection Agency.
7711. The commission shall annually report to the Legislature, on
or before July 1, on sites on railroad lines in the state it finds to
be hazardous. The report shall include, but not be limited to,
information on all of the following:
(a) A list of all railroad derailment accident sites in the state
on which accidents have occurred within at least the previous five
years. The list shall describe the nature and probable causes of the
accidents, if known, and shall indicate whether the accidents
occurred at or near sites that the commission has determined,
pursuant to subdivision (b), pose a local safety hazard.
(b) A list of all railroad sites in the state that the commission
determines, pursuant to Section 20106 of Title 49 of the United
States Code, pose a local safety hazard. The commission may submit in
the annual report the list of railroad sites submitted in the
immediate prior year annual report, and may amend or revise that list
from the immediate prior year as necessary. Factors that the
commission shall consider in determining a local safety hazard may
include, but need not be limited to, all of the following:
(1) The severity of grade and curve of track.
(2) The value of special skills of train operators in negotiating
the particular segment of railroad line.
(3) The value of special railroad equipment in negotiating the
particular segment of railroad line.
(4) The types of commodities transported on or near the particular
segment of railroad line.
(5) The hazard posed by the release of the commodity into the
environment.
(6) The value of special railroad equipment in the process of
safely loading, transporting, storing, or unloading potentially
hazardous commodities.
(7) The proximity of railroad activity to human activity or
sensitive environmental areas.
(8) A list of the root causes and significant contributing factors
of all train accidents or derailments investigated.
(c) In determining which railroad sites pose a local safety hazard
pursuant to subdivision (b), the commission shall consider the
history of accidents at or near the sites. The commission shall not
limit its determination to sites at which accidents have already
occurred, but shall identify potentially hazardous sites based on the
criteria enumerated in subdivision (b) and all other criteria that
the commission determines influence railroad safety. The commission
shall also consider whether any local safety hazards at railroad
sites have been eliminated or sufficiently remediated to warrant
removal of the site from the list required under subdivision (b).
7711.1. The commission shall collect and analyze near-miss data
generated from incidents occurring at railroad crossings and along
the rail right-of-way. For purposes of this section, "near-miss"
includes a runaway train or any other uncontrolled train movement
that threatens public health and safety reported to the commission
pursuant to Section 7661.
7712. On or before January 1, 1993, the commission shall adopt
regulations, based on its findings and not inconsistent with federal
law. The commission may amend or revise the regulations as necessary
thereafter, to reduce the potential railroad hazards identified in
Section 7711. In adopting the regulations, the commission shall
consider at least all of the following:
(a) Establishing special railroad equipment standards for trains
operated on railroad sites identified as posing a local safety hazard
pursuant to subdivision (b) of Section 7711. These standards may
include, but need not be limited to, standards for all of the
following:
(1) Sizes, numbers, and configurations of locomotives.
(2) Brakes.
(b) Establishing special train operating standards for trains
operated over railroad sites identified as posing a local safety
hazard pursuant to subdivision (b) of Section 7711. These standards
may include, but need not be limited to, standards for all of the
following:
(1) Length, weight, and weight distribution of trains.
(2) Speeds and accelerations of trains.
(3) Hours of allowable travel.
(c) Establishing special training, personnel, and performance
standards for operators of trains that travel on railroad sites
identified as posing a local safety hazard pursuant to subdivision
(b) of Section 7711.
(d) Establishing special inspection and reporting standards for
trains operated on railroad sites identified as posing a local safety
hazard pursuant to subdivision (b) of Section 7711.
7713. (a) The Rail Accident Prevention and Response Fund is hereby
created in the State Treasury, and the money in the fund is available
for appropriation by the Legislature. The secretary shall administer
the fund and the prevention account in accordance with this article,
and shall develop and adopt regulations and guidelines necessary to
carry out and enforce this article.
(b) The State Board of Equalization shall implement the collection
of the fee imposed pursuant to Section 7714.5 in accordance with
regulations adopted pursuant to Section 7713.
(c) The adoption of regulations pursuant to this section shall be
considered by the Office of Administrative Law as an emergency
necessary for the immediate preservation of the public peace, health
and safety, and general welfare. Notwithstanding Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code, emergency regulations adopted by the secretary
and the State Board of Equalization pursuant to this section shall be
filed with, but not repealed by, the Office of Administrative Law,
and shall remain in effect until revised or repealed by the
secretary.
7714. (a) The Hazardous Spill Prevention Account in the Railroad
Accident Prevention and Response Fund is hereby created. The moneys
deposited in the prevention account shall be subject to annual
appropriation in the Budget Act or other appropriation by the
Legislature. The amount deposited in the prevention account and
available for appropriation shall not exceed three million dollars
($3,000,000) in any calendar year.
(b) The moneys in the prevention account may be expended by the
secretary for any of the following purposes:
(1) Creation, support, and maintenance of the Railroad Accident
Prevention and Immediate Deployment Force created by subdivision (a)
of Section 7718.
(2) Creation, support, maintenance, and implementation of the
state railroad accident prevention and immediate deployment plan
developed pursuant to subdivision (b) of Section 7718.
(3) Creation, support, and maintenance of programs, data
registries, equipment, and facilities to respond to, and contain,
toxic releases resulting from surface transportation accidents.
Expenditures pursuant to this paragraph may be for the purpose of any
of the following:
(A) Acquisition and maintenance of specialized equipment and
supplies.
(B) Support of specialized facilities.
(C) Creation and support of a state-level and local toxic
emergency response teams to provide immediate onsite response
capability in the event of large scale releases of toxic substances
resulting from surface transportation accidents.
(4) Support for specialized training for state and local emergency
response officials in techniques for prevention of, and response to,
toxic releases resulting from surface transportation accidents.
(5) Support for research, data collection, and studies into
technologies and techniques for prevention of, response to, and
mitigation of, toxic releases resulting from surface transportation
accidents.
(6) To provide economic assistance to persons, entities, and
communities that suffer direct or indirect economic damages from a
surface transportation accident.
7714.5. (a) In accordance with regulations adopted pursuant to
Section 7713, the secretary shall establish a fee schedule, which
shall be paid by each surface transporter of hazardous materials in
California in an amount sufficient to fund the appropriation from the
prevention account and to maintain a prudent reserve of two months'
operating costs, less amounts transferred from the response account
pursuant to subdivision (d).
(b) The secretary shall, to the extent practicable, identify
programs, equipment, and facilities applicable to specific surface
transportation modes, and shall establish fees for each surface
transportation mode to cover the costs of the programs, equipment,
and facilities applicable to that specific surface transportation
mode. Fees to cover the costs of programs, equipment, and facilities
applicable to all or several surface transportation modes shall be
paid in equal shares by surface transportation modes.
(c) The secretary may authorize payment of fees through
contributions in kind of equipment, materials, or services.
(d) For the purposes of the fees authorized by this section,
"surface transportation mode" shall not include pipelines subject to
the fee assessed pursuant to Section 51019 of the Government Code or
any natural gas pipeline.
(e) This section shall become inoperative on December 31, 1995.
7718. (a) The Railroad Accident Prevention and Immediate Deployment
Force is hereby created in the California Environmental Protection
Agency. The force shall be responsible for providing immediate onsite
response capability in the event of large-scale releases of toxic
materials resulting from surface transportation accidents and for
implementing the state hazardous materials incident prevention and
immediate deployment plan. This force shall act cooperatively and in
concert with existing local emergency response units. The force shall
consist of representatives of all of the following:
(1) Department of Fish and Game.
(2) California Environmental Protection Agency.
(3) State Air Resources Board.
(4) California Integrated Waste Management Board.
(5) California regional water quality control boards.
(6) Department of Toxic Substances Control.
(7) Department of Pesticide Regulation.
(8) Office of Environmental Health Hazard Assessment.
(9) State Department of Health Services.
(10) Department of the California Highway Patrol.
(11) Department of Food and Agriculture.
(12) Department of Forestry and Fire Protection.
(13) Department of Parks and Recreation.
(14) Department of Boating and Waterways.
(15) California Public Utilities Commission.
(16) Any other potentially affected state, local, or federal
agency.
(17) California Emergency Management Agency.
(b) The California Environmental Protection Agency shall develop a
state railroad accident prevention and immediate deployment plan in
cooperation with the State Fire Marshal, affected businesses, and all
of the entities listed in paragraphs (1) to (17), inclusive, of
subdivision (a).
(c) The plan specified in subdivision (b) shall be a comprehensive
set of policies and directions that every potentially affected state
agency and business shall follow if there is a railroad accident to
minimize the potential damage to the public health and safety,
property, and the environment that might result from accidents
involving railroad activities in the state.
7720. (a) (1) When an appropriate prosecuting agency determines
that any person has engaged in, is engaging in, or is about to engage
in, any acts or practices which constitute, or which shall
constitute, a violation of any provision of this chapter or of any
rule, regulation, permit, covenant, standard, requirement, or order
issued, promulgated, or executed pursuant to this chapter, the city
attorney or district attorney of the jurisdiction in which these acts
or practices have occurred, are occurring, or shall occur, or the
Attorney General, may make application to the superior court or to
the commission for an order enjoining these acts or practices or an
order directing compliance with this chapter.
(2) A temporary restraining order, preliminary or permanent
injunction, or other order may be issued under this subdivision upon
a showing that any person has engaged in, is engaging in, or is about
to engage in, the acts or practices set forth in paragraph (1).
(b) Notwithstanding any other provision of law, in any civil
action brought pursuant to this chapter in which a temporary
restraining order, or preliminary or permanent injunction is sought,
it shall not be necessary for the moving party to allege or prove
either of the factors set forth in paragraphs (1) and (2) at any
stage of the proceeding. The temporary restraining order or
preliminary or permanent injunction may issue without allegations or
proof of either of the following factors:
(1) That irreparable damage shall occur should the relief sought
not be granted.
(2) That the remedy at law is inadequate.
7721. Every civil action commenced pursuant to this article for
civil or criminal penalties authorized by this article shall be
brought by the city attorney, the district attorney, or the Attorney
General in the name of the people of the State of California, and any
actions relating to the same event, transaction, or occurrence may
be joined or consolidated, or may be coordinated pursuant to Section
404 of the Code of Civil Procedure or Division II (commencing with
Rule 1501) of Title Four of the California Rules of Court.
7722. Any civil action brought in the superior court pursuant to
this article shall be brought in the county in which the spill,
discharge, or violation occurred, the county in which the principal
place of business of the defendant is located, or the county in which
the defendant is doing business in this state.
7723. The civil and criminal penalties provided in this article are
separate and in addition to, and do not supersede or limit, any
other civil or criminal remedy.
7724. (a) Any person who commits any of the following acts, shall,
upon conviction, be punished by imprisonment in the county jail for
not more than one year or by imprisonment in the state prison for 16,
24, or 36 months:
(1) Except as provided by Section 7724.1, knowingly fails to
follow the direction or order of the secretary or the commission
arising from a rail accident or release of a hazardous or potentially
hazardous commodity from a railcar.
(2) Knowingly causes, or aids or abets in, the discharge or spill
of, a hazardous or potentially hazardous commodity from a railcar,
unless the discharge is authorized by the United States, the state,
or another agency with appropriate jurisdiction.
(3) Knowingly fails to comply with the regulations adopted
pursuant to Section 7712, and that failure results in a rail accident
or release of hazardous material or creates a significant risk of
accident or release of hazardous material.
(b) The court shall also impose upon a person convicted of
violating subdivision (a), a fine not to exceed five hundred thousand
dollars ($500,000) for each violation. For purposes of this
subdivision, each day or partial day that a violation occurs is a
separate violation.
(c) The court shall also impose upon a person convicted of
violating paragraph (1) of subdivision (a), a fine equal to twice the
cost of abating, repairing, and responding to the cost associated
with the illegal discharge of a hazardous or potentially hazardous
commodity from a railcar as a result of a rail accident.
7724.1. (a) If a person reasonably, and in good faith, believes
that the directions or orders given by the secretary or the
commission would substantially endanger the public safety or the
environment, the person may refuse to act in compliance with the
orders or directions of the secretary or the commission. The person
shall state, at the time of the refusal, the reasons why the person
refuses to follow the orders or directions of the secretary or the
commission. The person shall give the secretary or the commission
written notice of the reasons for the refusal within 48 hours of
refusing to follow the orders or directions of the secretary or the
commission.
(b) In any civil or criminal proceeding commenced pursuant to
Section 7724, the burden of proof shall be on the responsible party
or potentially responsible party to demonstrate, by clear and
convincing evidence, why the refusal to follow the orders or
directions of the secretary or the commission was justified under the
circumstances.
7724.5. (a) Any person who commits any of the acts set forth in
paragraphs (1) to (3), inclusive, shall be liable for a civil penalty
not to exceed one hundred thousand dollars ($100,000) for each
violation of a separate provision or, for a continuing violation, for
each day that violation occurs:
(1) Negligent failure to follow the direction or order of the
secretary in connection with a rail accident or the release of a
hazardous commodity from a railcar.
(2) Knowingly engaging in, or causing the discharge or spill of a
hazardous commodity from a railcar or highway carrier, unless that
discharge is authorized by the United States, by the state, or by
another governmental agency with appropriate jurisdiction.
(3) Negligent failure to comply with any regulation adopted
pursuant to Section 7712.
(b) Any person who commits any of the acts set forth in paragraphs
(1) to (3), inclusive, shall be liable for a civil penalty not to
exceed twenty-five thousand dollars ($25,000) for each violation of a
separate provision or, for a continuing violation, for each day that
violation occurs:
(1) Failure to follow the direction or order of the secretary in
connection with a rail accident or the release of a hazardous
commodity from a railcar.
(2) Engaging in, or causing the discharge or spill of a hazardous
commodity from a railcar or highway carrier, unless that discharge is
authorized by the United States, by the state, or by another
governmental agency with appropriate jurisdiction.
(3) Failure to comply with any regulation adopted pursuant to
Section 7712.
7725. Twenty-five percent of penalties and fines collected pursuant
to any action brought under Sections 7724 and 7724.5 shall be paid
to the governmental agency or office which prosecutes the action. The
remainder of the penalties and fines collected pursuant to this
article shall be deposited into the fund.
7726. (a) When the secretary or the commission determines that any
person has engaged in, is engaged in, or threatens to engage in, any
practice or act which constitutes a violation of this article, or any
regulation or order issued, adopted, or executed pursuant to this
article, the secretary or commission may issue an order requiring
that person to cease and desist.
(b) Any cease and desist order issued by the secretary or
commission may be subject to such terms and conditions as the
secretary or commission may determine are necessary to ensure
compliance with this article.
(c) Any cease and desist order issued by the secretary or
commission shall become null and void 90 days after issuance.
(d) A cease and desist order issued by the secretary or commission
shall be effective upon the issuance thereof, and copies shall be
served immediately by certified mail upon the person or governmental
agency being charged with the actual or threatened violation.
(e) The commission may authorize its executive director to
exercise the commission's authority to issue cease and desist orders
pursuant to this section.
7727. Notwithstanding any other provision of law, this chapter
shall not be construed to make a reference to the California
Environmental Protection Agency for the purposes of compliance with
Provision 2 of Item 3400-002-044 of Section 2. 00 of the Budget Act
of 1991.
7710. For purposes of this article, the following definitions shall
apply:
(a) "Commission" shall mean the Public Utilities Commission.
(b) "Fund" means the Rail Accident Prevention and Response Fund
created pursuant to Section 7713.
(c) "Prevention account" means the Hazardous Spill Prevention
Account created, pursuant to Section 7714, in the Railroad Accident
Prevention and Response Fund.
(d) "Secretary" means the Secretary of the California
Environmental Protection Agency.
7711. The commission shall annually report to the Legislature, on
or before July 1, on sites on railroad lines in the state it finds to
be hazardous. The report shall include, but not be limited to,
information on all of the following:
(a) A list of all railroad derailment accident sites in the state
on which accidents have occurred within at least the previous five
years. The list shall describe the nature and probable causes of the
accidents, if known, and shall indicate whether the accidents
occurred at or near sites that the commission has determined,
pursuant to subdivision (b), pose a local safety hazard.
(b) A list of all railroad sites in the state that the commission
determines, pursuant to Section 20106 of Title 49 of the United
States Code, pose a local safety hazard. The commission may submit in
the annual report the list of railroad sites submitted in the
immediate prior year annual report, and may amend or revise that list
from the immediate prior year as necessary. Factors that the
commission shall consider in determining a local safety hazard may
include, but need not be limited to, all of the following:
(1) The severity of grade and curve of track.
(2) The value of special skills of train operators in negotiating
the particular segment of railroad line.
(3) The value of special railroad equipment in negotiating the
particular segment of railroad line.
(4) The types of commodities transported on or near the particular
segment of railroad line.
(5) The hazard posed by the release of the commodity into the
environment.
(6) The value of special railroad equipment in the process of
safely loading, transporting, storing, or unloading potentially
hazardous commodities.
(7) The proximity of railroad activity to human activity or
sensitive environmental areas.
(8) A list of the root causes and significant contributing factors
of all train accidents or derailments investigated.
(c) In determining which railroad sites pose a local safety hazard
pursuant to subdivision (b), the commission shall consider the
history of accidents at or near the sites. The commission shall not
limit its determination to sites at which accidents have already
occurred, but shall identify potentially hazardous sites based on the
criteria enumerated in subdivision (b) and all other criteria that
the commission determines influence railroad safety. The commission
shall also consider whether any local safety hazards at railroad
sites have been eliminated or sufficiently remediated to warrant
removal of the site from the list required under subdivision (b).
7711.1. The commission shall collect and analyze near-miss data
generated from incidents occurring at railroad crossings and along
the rail right-of-way. For purposes of this section, "near-miss"
includes a runaway train or any other uncontrolled train movement
that threatens public health and safety reported to the commission
pursuant to Section 7661.
7712. On or before January 1, 1993, the commission shall adopt
regulations, based on its findings and not inconsistent with federal
law. The commission may amend or revise the regulations as necessary
thereafter, to reduce the potential railroad hazards identified in
Section 7711. In adopting the regulations, the commission shall
consider at least all of the following:
(a) Establishing special railroad equipment standards for trains
operated on railroad sites identified as posing a local safety hazard
pursuant to subdivision (b) of Section 7711. These standards may
include, but need not be limited to, standards for all of the
following:
(1) Sizes, numbers, and configurations of locomotives.
(2) Brakes.
(b) Establishing special train operating standards for trains
operated over railroad sites identified as posing a local safety
hazard pursuant to subdivision (b) of Section 7711. These standards
may include, but need not be limited to, standards for all of the
following:
(1) Length, weight, and weight distribution of trains.
(2) Speeds and accelerations of trains.
(3) Hours of allowable travel.
(c) Establishing special training, personnel, and performance
standards for operators of trains that travel on railroad sites
identified as posing a local safety hazard pursuant to subdivision
(b) of Section 7711.
(d) Establishing special inspection and reporting standards for
trains operated on railroad sites identified as posing a local safety
hazard pursuant to subdivision (b) of Section 7711.
7713. (a) The Rail Accident Prevention and Response Fund is hereby
created in the State Treasury, and the money in the fund is available
for appropriation by the Legislature. The secretary shall administer
the fund and the prevention account in accordance with this article,
and shall develop and adopt regulations and guidelines necessary to
carry out and enforce this article.
(b) The State Board of Equalization shall implement the collection
of the fee imposed pursuant to Section 7714.5 in accordance with
regulations adopted pursuant to Section 7713.
(c) The adoption of regulations pursuant to this section shall be
considered by the Office of Administrative Law as an emergency
necessary for the immediate preservation of the public peace, health
and safety, and general welfare. Notwithstanding Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code, emergency regulations adopted by the secretary
and the State Board of Equalization pursuant to this section shall be
filed with, but not repealed by, the Office of Administrative Law,
and shall remain in effect until revised or repealed by the
secretary.
7714. (a) The Hazardous Spill Prevention Account in the Railroad
Accident Prevention and Response Fund is hereby created. The moneys
deposited in the prevention account shall be subject to annual
appropriation in the Budget Act or other appropriation by the
Legislature. The amount deposited in the prevention account and
available for appropriation shall not exceed three million dollars
($3,000,000) in any calendar year.
(b) The moneys in the prevention account may be expended by the
secretary for any of the following purposes:
(1) Creation, support, and maintenance of the Railroad Accident
Prevention and Immediate Deployment Force created by subdivision (a)
of Section 7718.
(2) Creation, support, maintenance, and implementation of the
state railroad accident prevention and immediate deployment plan
developed pursuant to subdivision (b) of Section 7718.
(3) Creation, support, and maintenance of programs, data
registries, equipment, and facilities to respond to, and contain,
toxic releases resulting from surface transportation accidents.
Expenditures pursuant to this paragraph may be for the purpose of any
of the following:
(A) Acquisition and maintenance of specialized equipment and
supplies.
(B) Support of specialized facilities.
(C) Creation and support of a state-level and local toxic
emergency response teams to provide immediate onsite response
capability in the event of large scale releases of toxic substances
resulting from surface transportation accidents.
(4) Support for specialized training for state and local emergency
response officials in techniques for prevention of, and response to,
toxic releases resulting from surface transportation accidents.
(5) Support for research, data collection, and studies into
technologies and techniques for prevention of, response to, and
mitigation of, toxic releases resulting from surface transportation
accidents.
(6) To provide economic assistance to persons, entities, and
communities that suffer direct or indirect economic damages from a
surface transportation accident.
7714.5. (a) In accordance with regulations adopted pursuant to
Section 7713, the secretary shall establish a fee schedule, which
shall be paid by each surface transporter of hazardous materials in
California in an amount sufficient to fund the appropriation from the
prevention account and to maintain a prudent reserve of two months'
operating costs, less amounts transferred from the response account
pursuant to subdivision (d).
(b) The secretary shall, to the extent practicable, identify
programs, equipment, and facilities applicable to specific surface
transportation modes, and shall establish fees for each surface
transportation mode to cover the costs of the programs, equipment,
and facilities applicable to that specific surface transportation
mode. Fees to cover the costs of programs, equipment, and facilities
applicable to all or several surface transportation modes shall be
paid in equal shares by surface transportation modes.
(c) The secretary may authorize payment of fees through
contributions in kind of equipment, materials, or services.
(d) For the purposes of the fees authorized by this section,
"surface transportation mode" shall not include pipelines subject to
the fee assessed pursuant to Section 51019 of the Government Code or
any natural gas pipeline.
(e) This section shall become inoperative on December 31, 1995.
7718. (a) The Railroad Accident Prevention and Immediate Deployment
Force is hereby created in the California Environmental Protection
Agency. The force shall be responsible for providing immediate onsite
response capability in the event of large-scale releases of toxic
materials resulting from surface transportation accidents and for
implementing the state hazardous materials incident prevention and
immediate deployment plan. This force shall act cooperatively and in
concert with existing local emergency response units. The force shall
consist of representatives of all of the following:
(1) Department of Fish and Game.
(2) California Environmental Protection Agency.
(3) State Air Resources Board.
(4) California Integrated Waste Management Board.
(5) California regional water quality control boards.
(6) Department of Toxic Substances Control.
(7) Department of Pesticide Regulation.
(8) Office of Environmental Health Hazard Assessment.
(9) State Department of Health Services.
(10) Department of the California Highway Patrol.
(11) Department of Food and Agriculture.
(12) Department of Forestry and Fire Protection.
(13) Department of Parks and Recreation.
(14) Department of Boating and Waterways.
(15) California Public Utilities Commission.
(16) Any other potentially affected state, local, or federal
agency.
(17) California Emergency Management Agency.
(b) The California Environmental Protection Agency shall develop a
state railroad accident prevention and immediate deployment plan in
cooperation with the State Fire Marshal, affected businesses, and all
of the entities listed in paragraphs (1) to (17), inclusive, of
subdivision (a).
(c) The plan specified in subdivision (b) shall be a comprehensive
set of policies and directions that every potentially affected state
agency and business shall follow if there is a railroad accident to
minimize the potential damage to the public health and safety,
property, and the environment that might result from accidents
involving railroad activities in the state.
7720. (a) (1) When an appropriate prosecuting agency determines
that any person has engaged in, is engaging in, or is about to engage
in, any acts or practices which constitute, or which shall
constitute, a violation of any provision of this chapter or of any
rule, regulation, permit, covenant, standard, requirement, or order
issued, promulgated, or executed pursuant to this chapter, the city
attorney or district attorney of the jurisdiction in which these acts
or practices have occurred, are occurring, or shall occur, or the
Attorney General, may make application to the superior court or to
the commission for an order enjoining these acts or practices or an
order directing compliance with this chapter.
(2) A temporary restraining order, preliminary or permanent
injunction, or other order may be issued under this subdivision upon
a showing that any person has engaged in, is engaging in, or is about
to engage in, the acts or practices set forth in paragraph (1).
(b) Notwithstanding any other provision of law, in any civil
action brought pursuant to this chapter in which a temporary
restraining order, or preliminary or permanent injunction is sought,
it shall not be necessary for the moving party to allege or prove
either of the factors set forth in paragraphs (1) and (2) at any
stage of the proceeding. The temporary restraining order or
preliminary or permanent injunction may issue without allegations or
proof of either of the following factors:
(1) That irreparable damage shall occur should the relief sought
not be granted.
(2) That the remedy at law is inadequate.
7721. Every civil action commenced pursuant to this article for
civil or criminal penalties authorized by this article shall be
brought by the city attorney, the district attorney, or the Attorney
General in the name of the people of the State of California, and any
actions relating to the same event, transaction, or occurrence may
be joined or consolidated, or may be coordinated pursuant to Section
404 of the Code of Civil Procedure or Division II (commencing with
Rule 1501) of Title Four of the California Rules of Court.
7722. Any civil action brought in the superior court pursuant to
this article shall be brought in the county in which the spill,
discharge, or violation occurred, the county in which the principal
place of business of the defendant is located, or the county in which
the defendant is doing business in this state.
7723. The civil and criminal penalties provided in this article are
separate and in addition to, and do not supersede or limit, any
other civil or criminal remedy.
7724. (a) Any person who commits any of the following acts, shall,
upon conviction, be punished by imprisonment in the county jail for
not more than one year or by imprisonment in the state prison for 16,
24, or 36 months:
(1) Except as provided by Section 7724.1, knowingly fails to
follow the direction or order of the secretary or the commission
arising from a rail accident or release of a hazardous or potentially
hazardous commodity from a railcar.
(2) Knowingly causes, or aids or abets in, the discharge or spill
of, a hazardous or potentially hazardous commodity from a railcar,
unless the discharge is authorized by the United States, the state,
or another agency with appropriate jurisdiction.
(3) Knowingly fails to comply with the regulations adopted
pursuant to Section 7712, and that failure results in a rail accident
or release of hazardous material or creates a significant risk of
accident or release of hazardous material.
(b) The court shall also impose upon a person convicted of
violating subdivision (a), a fine not to exceed five hundred thousand
dollars ($500,000) for each violation. For purposes of this
subdivision, each day or partial day that a violation occurs is a
separate violation.
(c) The court shall also impose upon a person convicted of
violating paragraph (1) of subdivision (a), a fine equal to twice the
cost of abating, repairing, and responding to the cost associated
with the illegal discharge of a hazardous or potentially hazardous
commodity from a railcar as a result of a rail accident.
7724.1. (a) If a person reasonably, and in good faith, believes
that the directions or orders given by the secretary or the
commission would substantially endanger the public safety or the
environment, the person may refuse to act in compliance with the
orders or directions of the secretary or the commission. The person
shall state, at the time of the refusal, the reasons why the person
refuses to follow the orders or directions of the secretary or the
commission. The person shall give the secretary or the commission
written notice of the reasons for the refusal within 48 hours of
refusing to follow the orders or directions of the secretary or the
commission.
(b) In any civil or criminal proceeding commenced pursuant to
Section 7724, the burden of proof shall be on the responsible party
or potentially responsible party to demonstrate, by clear and
convincing evidence, why the refusal to follow the orders or
directions of the secretary or the commission was justified under the
circumstances.
7724.5. (a) Any person who commits any of the acts set forth in
paragraphs (1) to (3), inclusive, shall be liable for a civil penalty
not to exceed one hundred thousand dollars ($100,000) for each
violation of a separate provision or, for a continuing violation, for
each day that violation occurs:
(1) Negligent failure to follow the direction or order of the
secretary in connection with a rail accident or the release of a
hazardous commodity from a railcar.
(2) Knowingly engaging in, or causing the discharge or spill of a
hazardous commodity from a railcar or highway carrier, unless that
discharge is authorized by the United States, by the state, or by
another governmental agency with appropriate jurisdiction.
(3) Negligent failure to comply with any regulation adopted
pursuant to Section 7712.
(b) Any person who commits any of the acts set forth in paragraphs
(1) to (3), inclusive, shall be liable for a civil penalty not to
exceed twenty-five thousand dollars ($25,000) for each violation of a
separate provision or, for a continuing violation, for each day that
violation occurs:
(1) Failure to follow the direction or order of the secretary in
connection with a rail accident or the release of a hazardous
commodity from a railcar.
(2) Engaging in, or causing the discharge or spill of a hazardous
commodity from a railcar or highway carrier, unless that discharge is
authorized by the United States, by the state, or by another
governmental agency with appropriate jurisdiction.
(3) Failure to comply with any regulation adopted pursuant to
Section 7712.
7725. Twenty-five percent of penalties and fines collected pursuant
to any action brought under Sections 7724 and 7724.5 shall be paid
to the governmental agency or office which prosecutes the action. The
remainder of the penalties and fines collected pursuant to this
article shall be deposited into the fund.
7726. (a) When the secretary or the commission determines that any
person has engaged in, is engaged in, or threatens to engage in, any
practice or act which constitutes a violation of this article, or any
regulation or order issued, adopted, or executed pursuant to this
article, the secretary or commission may issue an order requiring
that person to cease and desist.
(b) Any cease and desist order issued by the secretary or
commission may be subject to such terms and conditions as the
secretary or commission may determine are necessary to ensure
compliance with this article.
(c) Any cease and desist order issued by the secretary or
commission shall become null and void 90 days after issuance.
(d) A cease and desist order issued by the secretary or commission
shall be effective upon the issuance thereof, and copies shall be
served immediately by certified mail upon the person or governmental
agency being charged with the actual or threatened violation.
(e) The commission may authorize its executive director to
exercise the commission's authority to issue cease and desist orders
pursuant to this section.
7727. Notwithstanding any other provision of law, this chapter
shall not be construed to make a reference to the California
Environmental Protection Agency for the purposes of compliance with
Provision 2 of Item 3400-002-044 of Section 2. 00 of the Budget Act
of 1991.
7710. For purposes of this article, the following definitions shall
apply:
(a) "Commission" shall mean the Public Utilities Commission.
(b) "Fund" means the Rail Accident Prevention and Response Fund
created pursuant to Section 7713.
(c) "Prevention account" means the Hazardous Spill Prevention
Account created, pursuant to Section 7714, in the Railroad Accident
Prevention and Response Fund.
(d) "Secretary" means the Secretary of the California
Environmental Protection Agency.
7711. The commission shall annually report to the Legislature, on
or before July 1, on sites on railroad lines in the state it finds to
be hazardous. The report shall include, but not be limited to,
information on all of the following:
(a) A list of all railroad derailment accident sites in the state
on which accidents have occurred within at least the previous five
years. The list shall describe the nature and probable causes of the
accidents, if known, and shall indicate whether the accidents
occurred at or near sites that the commission has determined,
pursuant to subdivision (b), pose a local safety hazard.
(b) A list of all railroad sites in the state that the commission
determines, pursuant to Section 20106 of Title 49 of the United
States Code, pose a local safety hazard. The commission may submit in
the annual report the list of railroad sites submitted in the
immediate prior year annual report, and may amend or revise that list
from the immediate prior year as necessary. Factors that the
commission shall consider in determining a local safety hazard may
include, but need not be limited to, all of the following:
(1) The severity of grade and curve of track.
(2) The value of special skills of train operators in negotiating
the particular segment of railroad line.
(3) The value of special railroad equipment in negotiating the
particular segment of railroad line.
(4) The types of commodities transported on or near the particular
segment of railroad line.
(5) The hazard posed by the release of the commodity into the
environment.
(6) The value of special railroad equipment in the process of
safely loading, transporting, storing, or unloading potentially
hazardous commodities.
(7) The proximity of railroad activity to human activity or
sensitive environmental areas.
(8) A list of the root causes and significant contributing factors
of all train accidents or derailments investigated.
(c) In determining which railroad sites pose a local safety hazard
pursuant to subdivision (b), the commission shall consider the
history of accidents at or near the sites. The commission shall not
limit its determination to sites at which accidents have already
occurred, but shall identify potentially hazardous sites based on the
criteria enumerated in subdivision (b) and all other criteria that
the commission determines influence railroad safety. The commission
shall also consider whether any local safety hazards at railroad
sites have been eliminated or sufficiently remediated to warrant
removal of the site from the list required under subdivision (b).
7711.1. The commission shall collect and analyze near-miss data
generated from incidents occurring at railroad crossings and along
the rail right-of-way. For purposes of this section, "near-miss"
includes a runaway train or any other uncontrolled train movement
that threatens public health and safety reported to the commission
pursuant to Section 7661.
7712. On or before January 1, 1993, the commission shall adopt
regulations, based on its findings and not inconsistent with federal
law. The commission may amend or revise the regulations as necessary
thereafter, to reduce the potential railroad hazards identified in
Section 7711. In adopting the regulations, the commission shall
consider at least all of the following:
(a) Establishing special railroad equipment standards for trains
operated on railroad sites identified as posing a local safety hazard
pursuant to subdivision (b) of Section 7711. These standards may
include, but need not be limited to, standards for all of the
following:
(1) Sizes, numbers, and configurations of locomotives.
(2) Brakes.
(b) Establishing special train operating standards for trains
operated over railroad sites identified as posing a local safety
hazard pursuant to subdivision (b) of Section 7711. These standards
may include, but need not be limited to, standards for all of the
following:
(1) Length, weight, and weight distribution of trains.
(2) Speeds and accelerations of trains.
(3) Hours of allowable travel.
(c) Establishing special training, personnel, and performance
standards for operators of trains that travel on railroad sites
identified as posing a local safety hazard pursuant to subdivision
(b) of Section 7711.
(d) Establishing special inspection and reporting standards for
trains operated on railroad sites identified as posing a local safety
hazard pursuant to subdivision (b) of Section 7711.
7713. (a) The Rail Accident Prevention and Response Fund is hereby
created in the State Treasury, and the money in the fund is available
for appropriation by the Legislature. The secretary shall administer
the fund and the prevention account in accordance with this article,
and shall develop and adopt regulations and guidelines necessary to
carry out and enforce this article.
(b) The State Board of Equalization shall implement the collection
of the fee imposed pursuant to Section 7714.5 in accordance with
regulations adopted pursuant to Section 7713.
(c) The adoption of regulations pursuant to this section shall be
considered by the Office of Administrative Law as an emergency
necessary for the immediate preservation of the public peace, health
and safety, and general welfare. Notwithstanding Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code, emergency regulations adopted by the secretary
and the State Board of Equalization pursuant to this section shall be
filed with, but not repealed by, the Office of Administrative Law,
and shall remain in effect until revised or repealed by the
secretary.
7714. (a) The Hazardous Spill Prevention Account in the Railroad
Accident Prevention and Response Fund is hereby created. The moneys
deposited in the prevention account shall be subject to annual
appropriation in the Budget Act or other appropriation by the
Legislature. The amount deposited in the prevention account and
available for appropriation shall not exceed three million dollars
($3,000,000) in any calendar year.
(b) The moneys in the prevention account may be expended by the
secretary for any of the following purposes:
(1) Creation, support, and maintenance of the Railroad Accident
Prevention and Immediate Deployment Force created by subdivision (a)
of Section 7718.
(2) Creation, support, maintenance, and implementation of the
state railroad accident prevention and immediate deployment plan
developed pursuant to subdivision (b) of Section 7718.
(3) Creation, support, and maintenance of programs, data
registries, equipment, and facilities to respond to, and contain,
toxic releases resulting from surface transportation accidents.
Expenditures pursuant to this paragraph may be for the purpose of any
of the following:
(A) Acquisition and maintenance of specialized equipment and
supplies.
(B) Support of specialized facilities.
(C) Creation and support of a state-level and local toxic
emergency response teams to provide immediate onsite response
capability in the event of large scale releases of toxic substances
resulting from surface transportation accidents.
(4) Support for specialized training for state and local emergency
response officials in techniques for prevention of, and response to,
toxic releases resulting from surface transportation accidents.
(5) Support for research, data collection, and studies into
technologies and techniques for prevention of, response to, and
mitigation of, toxic releases resulting from surface transportation
accidents.
(6) To provide economic assistance to persons, entities, and
communities that suffer direct or indirect economic damages from a
surface transportation accident.
7714.5. (a) In accordance with regulations adopted pursuant to
Section 7713, the secretary shall establish a fee schedule, which
shall be paid by each surface transporter of hazardous materials in
California in an amount sufficient to fund the appropriation from the
prevention account and to maintain a prudent reserve of two months'
operating costs, less amounts transferred from the response account
pursuant to subdivision (d).
(b) The secretary shall, to the extent practicable, identify
programs, equipment, and facilities applicable to specific surface
transportation modes, and shall establish fees for each surface
transportation mode to cover the costs of the programs, equipment,
and facilities applicable to that specific surface transportation
mode. Fees to cover the costs of programs, equipment, and facilities
applicable to all or several surface transportation modes shall be
paid in equal shares by surface transportation modes.
(c) The secretary may authorize payment of fees through
contributions in kind of equipment, materials, or services.
(d) For the purposes of the fees authorized by this section,
"surface transportation mode" shall not include pipelines subject to
the fee assessed pursuant to Section 51019 of the Government Code or
any natural gas pipeline.
(e) This section shall become inoperative on December 31, 1995.
7718. (a) The Railroad Accident Prevention and Immediate Deployment
Force is hereby created in the California Environmental Protection
Agency. The force shall be responsible for providing immediate onsite
response capability in the event of large-scale releases of toxic
materials resulting from surface transportation accidents and for
implementing the state hazardous materials incident prevention and
immediate deployment plan. This force shall act cooperatively and in
concert with existing local emergency response units. The force shall
consist of representatives of all of the following:
(1) Department of Fish and Game.
(2) California Environmental Protection Agency.
(3) State Air Resources Board.
(4) California Integrated Waste Management Board.
(5) California regional water quality control boards.
(6) Department of Toxic Substances Control.
(7) Department of Pesticide Regulation.
(8) Office of Environmental Health Hazard Assessment.
(9) State Department of Health Services.
(10) Department of the California Highway Patrol.
(11) Department of Food and Agriculture.
(12) Department of Forestry and Fire Protection.
(13) Department of Parks and Recreation.
(14) Department of Boating and Waterways.
(15) California Public Utilities Commission.
(16) Any other potentially affected state, local, or federal
agency.
(17) California Emergency Management Agency.
(b) The California Environmental Protection Agency shall develop a
state railroad accident prevention and immediate deployment plan in
cooperation with the State Fire Marshal, affected businesses, and all
of the entities listed in paragraphs (1) to (17), inclusive, of
subdivision (a).
(c) The plan specified in subdivision (b) shall be a comprehensive
set of policies and directions that every potentially affected state
agency and business shall follow if there is a railroad accident to
minimize the potential damage to the public health and safety,
property, and the environment that might result from accidents
involving railroad activities in the state.
7720. (a) (1) When an appropriate prosecuting agency determines
that any person has engaged in, is engaging in, or is about to engage
in, any acts or practices which constitute, or which shall
constitute, a violation of any provision of this chapter or of any
rule, regulation, permit, covenant, standard, requirement, or order
issued, promulgated, or executed pursuant to this chapter, the city
attorney or district attorney of the jurisdiction in which these acts
or practices have occurred, are occurring, or shall occur, or the
Attorney General, may make application to the superior court or to
the commission for an order enjoining these acts or practices or an
order directing compliance with this chapter.
(2) A temporary restraining order, preliminary or permanent
injunction, or other order may be issued under this subdivision upon
a showing that any person has engaged in, is engaging in, or is about
to engage in, the acts or practices set forth in paragraph (1).
(b) Notwithstanding any other provision of law, in any civil
action brought pursuant to this chapter in which a temporary
restraining order, or preliminary or permanent injunction is sought,
it shall not be necessary for the moving party to allege or prove
either of the factors set forth in paragraphs (1) and (2) at any
stage of the proceeding. The temporary restraining order or
preliminary or permanent injunction may issue without allegations or
proof of either of the following factors:
(1) That irreparable damage shall occur should the relief sought
not be granted.
(2) That the remedy at law is inadequate.
7721. Every civil action commenced pursuant to this article for
civil or criminal penalties authorized by this article shall be
brought by the city attorney, the district attorney, or the Attorney
General in the name of the people of the State of California, and any
actions relating to the same event, transaction, or occurrence may
be joined or consolidated, or may be coordinated pursuant to Section
404 of the Code of Civil Procedure or Division II (commencing with
Rule 1501) of Title Four of the California Rules of Court.
7722. Any civil action brought in the superior court pursuant to
this article shall be brought in the county in which the spill,
discharge, or violation occurred, the county in which the principal
place of business of the defendant is located, or the county in which
the defendant is doing business in this state.
7723. The civil and criminal penalties provided in this article are
separate and in addition to, and do not supersede or limit, any
other civil or criminal remedy.
7724. (a) Any person who commits any of the following acts, shall,
upon conviction, be punished by imprisonment in the county jail for
not more than one year or by imprisonment in the state prison for 16,
24, or 36 months:
(1) Except as provided by Section 7724.1, knowingly fails to
follow the direction or order of the secretary or the commission
arising from a rail accident or release of a hazardous or potentially
hazardous commodity from a railcar.
(2) Knowingly causes, or aids or abets in, the discharge or spill
of, a hazardous or potentially hazardous commodity from a railcar,
unless the discharge is authorized by the United States, the state,
or another agency with appropriate jurisdiction.
(3) Knowingly fails to comply with the regulations adopted
pursuant to Section 7712, and that failure results in a rail accident
or release of hazardous material or creates a significant risk of
accident or release of hazardous material.
(b) The court shall also impose upon a person convicted of
violating subdivision (a), a fine not to exceed five hundred thousand
dollars ($500,000) for each violation. For purposes of this
subdivision, each day or partial day that a violation occurs is a
separate violation.
(c) The court shall also impose upon a person convicted of
violating paragraph (1) of subdivision (a), a fine equal to twice the
cost of abating, repairing, and responding to the cost associated
with the illegal discharge of a hazardous or potentially hazardous
commodity from a railcar as a result of a rail accident.
7724.1. (a) If a person reasonably, and in good faith, believes
that the directions or orders given by the secretary or the
commission would substantially endanger the public safety or the
environment, the person may refuse to act in compliance with the
orders or directions of the secretary or the commission. The person
shall state, at the time of the refusal, the reasons why the person
refuses to follow the orders or directions of the secretary or the
commission. The person shall give the secretary or the commission
written notice of the reasons for the refusal within 48 hours of
refusing to follow the orders or directions of the secretary or the
commission.
(b) In any civil or criminal proceeding commenced pursuant to
Section 7724, the burden of proof shall be on the responsible party
or potentially responsible party to demonstrate, by clear and
convincing evidence, why the refusal to follow the orders or
directions of the secretary or the commission was justified under the
circumstances.
7724.5. (a) Any person who commits any of the acts set forth in
paragraphs (1) to (3), inclusive, shall be liable for a civil penalty
not to exceed one hundred thousand dollars ($100,000) for each
violation of a separate provision or, for a continuing violation, for
each day that violation occurs:
(1) Negligent failure to follow the direction or order of the
secretary in connection with a rail accident or the release of a
hazardous commodity from a railcar.
(2) Knowingly engaging in, or causing the discharge or spill of a
hazardous commodity from a railcar or highway carrier, unless that
discharge is authorized by the United States, by the state, or by
another governmental agency with appropriate jurisdiction.
(3) Negligent failure to comply with any regulation adopted
pursuant to Section 7712.
(b) Any person who commits any of the acts set forth in paragraphs
(1) to (3), inclusive, shall be liable for a civil penalty not to
exceed twenty-five thousand dollars ($25,000) for each violation of a
separate provision or, for a continuing violation, for each day that
violation occurs:
(1) Failure to follow the direction or order of the secretary in
connection with a rail accident or the release of a hazardous
commodity from a railcar.
(2) Engaging in, or causing the discharge or spill of a hazardous
commodity from a railcar or highway carrier, unless that discharge is
authorized by the United States, by the state, or by another
governmental agency with appropriate jurisdiction.
(3) Failure to comply with any regulation adopted pursuant to
Section 7712.
7725. Twenty-five percent of penalties and fines collected pursuant
to any action brought under Sections 7724 and 7724.5 shall be paid
to the governmental agency or office which prosecutes the action. The
remainder of the penalties and fines collected pursuant to this
article shall be deposited into the fund.
7726. (a) When the secretary or the commission determines that any
person has engaged in, is engaged in, or threatens to engage in, any
practice or act which constitutes a violation of this article, or any
regulation or order issued, adopted, or executed pursuant to this
article, the secretary or commission may issue an order requiring
that person to cease and desist.
(b) Any cease and desist order issued by the secretary or
commission may be subject to such terms and conditions as the
secretary or commission may determine are necessary to ensure
compliance with this article.
(c) Any cease and desist order issued by the secretary or
commission shall become null and void 90 days after issuance.
(d) A cease and desist order issued by the secretary or commission
shall be effective upon the issuance thereof, and copies shall be
served immediately by certified mail upon the person or governmental
agency being charged with the actual or threatened violation.
(e) The commission may authorize its executive director to
exercise the commission's authority to issue cease and desist orders
pursuant to this section.
7727. Notwithstanding any other provision of law, this chapter
shall not be construed to make a reference to the California
Environmental Protection Agency for the purposes of compliance with
Provision 2 of Item 3400-002-044 of Section 2. 00 of the Budget Act
of 1991.
