Article 7.3 - Local Community Rail Security Act of 2006

California Public Utilities Code — §§ 7665-7667

Sections (9)

Added by Stats. 2006, Ch. 867, Sec. 3. Effective January 1, 2007.

(a)This article shall be known, and may be cited, as the Local Community Rail Security Act of 2006.

(b)The Legislature declares that the purpose of this act is to provide for the security and safety of local communities and local community facilities, to protect local communities from transportation practices that fail to secure rail facilities and equipment from the threat of terrorism, and to ensure proper communication between the owners and operators of rail facilities and

equipment with local and state first responders.

§ 7665.1

Amended by Stats. 2013, Ch. 352, Sec. 501. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.

Unless the context requires otherwise, for purposes of this article:

(a)“Agency” or “office” means the Office of Emergency Services.

(b)“Secretary” or “director” means the Director of Emergency Services.

§ 7665.2

Amended by Stats. 2013, Ch. 352, Sec. 502. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.

By July 1, 2007, every operator of rail facilities shall provide a risk assessment to the commission and the office for each rail facility in the state that is under its ownership, operation, or control. The risk assessment shall, for each rail facility, describe all of the following:

(a)The location and functions of the rail facility.

(b)All types of cargo that are moved through, or stored at, the rail facility.

(c)Any hazardous cargo that is moved through, or stored at, the rail facility.

(d)The frequency

that any hazardous cargo is moved through, or stored at, the rail facility.

(e)A description of the practices of the rail operator to prevent acts of sabotage, terrorism, or other crimes on the rail facility.

(f)All training programs that the rail operator requires for its employees at the rail facility.

(g)The emergency response procedures of the rail operator to deal with acts of sabotage, terrorism, or other crimes at the rail facility.

(h)The procedures of the rail operator to communicate with local and state law enforcement personnel, emergency personnel, transportation officials, and other first responders, in the event of acts of sabotage, terrorism, or

other crimes at the rail facility.

§ 7665.3

Amended by Stats. 2013, Ch. 352, Sec. 503. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.

The office may provide the risk assessment provided pursuant to Section 7665.2 to other law enforcement or emergency personnel.

§ 7665.4

Amended by Stats. 2021, Ch. 615, Sec. 401. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Section 463 of Stats. 2021, Ch. 615.

(a)By January 1, 2008, every rail operator shall develop and implement an infrastructure protection program to protect rail infrastructure in the state from acts of sabotage, terrorism, or other crimes.

(b)(1) The infrastructure protection program shall address the security of all critical infrastructure.

(2)The infrastructure protection program shall provide training to all employees of the rail operator performing work at a rail facility on how to recognize, prevent, and respond to acts of sabotage, terrorism, or other crimes.

(c)(1) All employees of a contractor or subcontractor of a rail operator, and any other person performing work at a rail facility that is not the employee of the rail operator, shall receive training equivalent to that received by employees of the rail operator pursuant to paragraph (2) of subdivision (b), within a reasonable period of time. The commission, in consultation with the director, may adopt reasonable rules or orders to implement this requirement.

(2)All employees of a contractor or subcontractor of a rail operator, and any other person performing work at a rail facility that is not the employee of the rail operator, shall undergo an equivalent evaluation of their background, skills, and fitness as the rail operator implements for its employees pursuant to its infrastructure protection plan.

The commission, in consultation with the director, may adopt reasonable rules or orders to implement this requirement.

(d)Each rail operator in the state shall provide to the commission and the director a copy of its infrastructure protection program. Notwithstanding Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code, the commission and the director shall keep this information confidential.

(e)The infrastructure protection program shall be updated by the rail operator at least once every year, and the updated plan shall be submitted to the commission and the director.

(f)The commission, in consultation with the office, shall review the infrastructure protection program submitted by a rail

operator, may conduct inspections to facilitate the review, and may order a rail operator to improve, modify, or change its program to comply with the requirements of this article.

(g)The commission may fine a rail operator for failure to comply with the requirements of this section or an order of the commission pursuant to this section.

§ 7665.6

Added by Stats. 2006, Ch. 867, Sec. 3. Effective January 1, 2007.

Every rail operator shall, for all facilities that handle hazardous cargo, do all the following:

(a)Secure all facilities that handle or store hazardous materials by providing adequate security personnel.

(b)Store hazardous materials only in secure facilities designed for storage, which shall not include mainline, branch, industrial, or passing tracks not so designed or retrofitted.

(c)Shall not leave locomotive equipment running while unattended, or leave any unattended locomotive equipment unlocked.

(d)Shall ensure that the cabs of occupied locomotives are secured from hijacking, sabotage, or terrorism.

(e)Shall not use remote control locomotives to move hazardous materials over a public crossing unless the remote control operator is able to maintain line-of-sight visibility of the public crossing and visually ensure that all automatic highway-rail grade crossing warning devices are functioning as intended, and it is safe for the train movement to enter the public crossing.

(f)Shall secure remote control devices to prevent access to those devices by unauthorized personnel.

§ 7665.8

Added by Stats. 2006, Ch. 867, Sec. 3. Effective January 1, 2007.

Every rail operator shall provide communications capability that can accomplish all of the following:

(a)Timely alerting local and state law enforcement personnel, emergency personnel, transportation officials and other first responders in the event of sabotage, terrorism, or other crimes.

(b)Timely provide bridge tenders on moveable bridges the ability to alert local and state law enforcement personnel, emergency personnel,

transportation officials and other first responders in the event of sabotage, terrorism, or other crimes.

(c)Notify rail workers of the local or national threat level for the rail industry.

§ 7666

Added by Stats. 2006, Ch. 867, Sec. 3. Effective January 1, 2007.

No rail operator or any other person covered by this article may act to punish an employee who reports a violation of this article. An employee against whom a punitive action is taken may seek civil damages of up to one million dollars ($1,000,000) from any employer that acts to punish an employee who reports a violation of this article, in addition to any other remedies the court deems appropriate.

§ 7667

Added by Stats. 2006, Ch. 867, Sec. 3. Effective January 1, 2007.

The provisions of this article are severable. If any provision of this article or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.