SECTIONS 7665-7667 - California Statutes

PUBLIC UTILITIES CODE

SECTION 7665-7667

7665. (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. Unless the context requires otherwise, for purposes of this
article:
(a) "Agency" means the California Emergency Management Agency.
(b) "Secretary" means the Secretary of Emergency Management.

7665.2. By July 1, 2007, every operator of rail facilities shall
provide a risk assessment to the commission and the agency 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. The agency may provide the risk assessment provided
pursuant to Section 7665.2 to other law enforcement or emergency
personnel.

7665.4. (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 secretary,
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 secretary, may adopt reasonable rules or orders to implement this
requirement.
(d) Each rail operator in the state shall provide to the
commission and the secretary a copy of its infrastructure protection
program. Notwithstanding Chapter 3.5 (commencing with Section 6250)
of Division 7 of Title 1 of the Government Code, the commission and
the secretary 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 secretary.
(f) The commission, in consultation with the agency, 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. 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. 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. 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. 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.