State Senator Nell Soto (D – Pomona) today unveiled legislation to increase rail safety following a series of train derailments in Southern California. Soto’s SB 351 will authorize cities and counties to develop rail derailment evacuation plans for populated neighborhoods adjacent to high-volume railroad tracks, conduct evacuation training and drills, and obtain reimbursement for costs incurred through fees charged to railroad corporations using tracks in their communities.

Under existing law, the safety division of the Public Utilities Commission is responsible for inspection, surveillance, and investigation of the rights-of-way, facilities, equipment, and operations of railroads and public mass transit guide-ways, and for enforcing state and federal laws, regulations, orders, and directives relating to transportation of persons or goods by rail.

Existing law also requires every railroad corporation operating in this state to develop, in consultation with and with the approval of the Office of Emergency Services, a protocol for rapid communications with OES, the California Highway Patrol, and designated county public safety agencies in an endangered area if there is a runaway train or any other uncontrolled train movement that threatens public health and safety.

According to Soto, the Inland Empire and Los Angeles County have become the hot spots for train derailments.  In the last year, high-profile derailments in San Bernardino, Pico Rivera, the City of Industry and other areas have shown that many urban areas are vulnerable to rail-related disasters.  A recent derailment occurred July 20 in San Bernardino, in which automobiles were thrown from freight cars. 

“Much of Southern California’s rail infrastructure is surrounded by working class communities that must live with the constant noise and pollution from the trains,” Soto said.  “The recent derailments show that in addition to such inconveniences, there is the constant threat to lives because the railroad corporations can not guarantee 100% safety of their trains.  A major derailment could encompass many threats, such as fires, the release of hazardous materials, severe damage to adjacent buildings or vehicles, and the loss of human life.  We know that many of these trains carry very dangerous cargo.”

Soto held an informational hearing on June 24 to air numerous public complaints surrounding the April 24 derailment of a Union Pacific train in San Bernardino.  The threat from hazardous cargo caused first responders to call the evacuation of the surrounding neighborhood. Testimony from residents of the neighborhood where the accident occurred revealed that there was general confusion about the evacuation process.

“I have the utmost respect for the brave police officers, firefighters and other public servants who are the first to respond to these types of incidents,” Soto said.  “It is unfair to expect them to draw up evacuation plans on the fly.  The railroads are responsible for these incidents. We clearly need more disaster training related to train derailments, but financially-strapped cities and counties should not have to shoulder a burden that the highly profitable railroads can afford. My bill will give them the resources they need to become better prepared to respond to future disasters.”