Existing law establishes the Office of Emergency Services within the office of the Governor and under the supervision of the Director of Emergency Services and makes the office responsible for the states emergency and disaster response services for natural, technological, or manmade disasters and emergencies. Existing law requires the office to serve as the central point of state government for the emergency reporting of spills, unauthorized releases, or other accidental releases of hazardous materials and to coordinate the notification of the appropriate state and local administering agencies that may be required to respond to those spills, unauthorized releases, or other accidental releases. Existing law also establishes the Curriculum Development Advisory Committee to provide advice on the development of specified course curricula and response training.

This bill would require require, upon a specified appropriation by the Legislature, the Curriculum Development Advisory Committee to review the curriculum and courses of instruction offered by public and private programs that train firefighters in response methods for oil-by-rail spills, require the Office of Emergency Services to compile a list of those curriculum and courses of instruction and make that list available to all fire departments, and establish a program to reimburse fire departments for costs incurred by those departments in sending firefighters to trainings, as provided.

Existing law establishes the Office of Emergency Services within the office of the Governor and under the supervision of the Director of Emergency Services and makes the office responsible for the states emergency and disaster response services for natural, technological, or manmade disasters and emergencies. Existing law requires the office to serve as the central point of state government for the emergency reporting of spills, unauthorized releases, or other accidental releases of hazardous materials and to coordinate the notification of the appropriate state and local administering agencies that may be required to respond to those spills, unauthorized releases, or other accidental releases. Existing law also establishes the Curriculum Development Advisory Committee to provide advice on the development of specified course curricula and response training.

This bill would require the Curriculum Development Advisory Committee to review the curriculum and courses of instruction offered by public and private programs that train firefighters in response methods for oil-by-rail spills, require the Office of Emergency Services to compile a list of those curriculum and courses of instruction and make that list available to all fire departments and establish a program to reimburse fire departments for costs incurred by those departments in sending firefighters to trainings, as provided.

SENATE COMMITTEE ON APPROPRIATIONS

Senator Ricardo Lara, Chair

2015 - 2016 Regular Session

AB 22 (Rodriguez) - Office of Emergency Services: oil-by-rail spills: firefighters

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

AB 22 would require the Office of Emergency Services (OES) to establish a program to reimburse fire departments for costs related to sending firefighters to identified training programs for responding to oil-by-rail spills, as specified. The bill would only be implemented upon appropriation by the Legislature of funds derived from specified fees related to oil-by-rail spill response preparation.

Fiscal Impact:

• Likely minor costs for OES to review available training curriculum and courses and provide information to fire departments. (Special Fund*)
  
  

• OES staff costs of approximately $147,000 annually to establish and administer a firefighter training reimbursement program. (Special Fund*)
  
  

• Unknown costs, in the millions annually, to reimburse fire departments for costs to send firefighters to oil-by-rail spill response training. (Special Fund*)
  To the extent available revenues are insufficient to meet demand, the bill would also create significant General Fund cost pressures.
  
  * Regional Railroad Accident Preparedness and Immediate Response Fund

Background:

Under existing law, OES is responsible for the state’s emergency and disaster response services for natural, technological, or manmade disasters and emergencies. OES serves as the central point of state government for the emergency reporting of spills, and unauthorized or accidental releases of hazardous materials, and coordinates notifications of relevant state and local agencies that respond to hazardous materials spills and releases.

Existing law, SB 84 (Budget and Fiscal Review Committee), Ch. 25/2015, establishes the Regional Railroad Accident Preparedness Response Force within OES to provide response capabilities related to a release of hazardous materials transported by rail, and to implement the state regional railroad accident preparedness and immediate response plan for those events. SB 84 authorized the Director of OES to establish a schedule of fees to be paid in association with the transportation of hazardous materials by rail car within California. The fees are to be deposited into the Regional Railroad Accident Preparedness and Immediate Response Fund, and existing law limits the amount that may be collected by OES, as specified, and limits the amount available for appropriation by the Legislature to $20 million in 2015-16 and 2016-17, and $10 million annually thereafter. The funds may be used to pay for specified purposes related to the transportation of hazardous materials, including planning, developing, and maintaining emergency response capabilities for large-scale hazardous materials releases, and support for specialized training for state and local emergency response officials in techniques for prevention of, and response to, release of hazardous materials from a rail car or a railroad accident involving a rail car.

Proposed Law:

AB 22 would require OES to establish a program to reimburse fire departments for costs associated with training firefighters in response methods for oil-by-rail spills. Specifically, this bill would:

• Require the Curriculum Development Advisory Committee within OES to review the curriculum and courses of instructions offered by public and private programs that train firefighters in response methods for oil-by-rail spills.

• Require OES to compile a list of the curriculum and courses, including information on availability and costs, and provide that list to all fire departments.

• Require OES to facilitate and encourage fire departments to send firefighters for that training.

• Require OES to establish a program to reimburse fire departments for costs incurred by those departments to send firefighters to identified training programs.

• Authorize the payment of $100 for daily per diem to volunteer fire departments for each volunteer firefighter who attends training.

• Specify that the duties and authorizations in the bill would only apply upon appropriation by the Legislature of revenues derived from specified hazardous materials fees intended for oil-by-rail spill response preparation, including those deposited into the Regional Railroad Accident Preparedness and Immediate Response Fund.

Related Legislation:

AB 380 (Dickenson), Ch. 533/2014, requires rail carriers to submit specified information regarding the transportation of hazardous materials and Bakken oil to OES for purposes of emergency response planning.

Staff Comments:

This bill is intended to address issues identified in a July 31, 2014 informational hearing of the Assembly Select Committee on Local Emergency Preparedness. The Committee found that many small and medium sized fire departments do not have resources to send firefighters for training to respond to oil-by-rail spills, even if the training costs are subsidized or offset by grants or other assistance. When firefighters are attending off-site training, other firefighters must provide shift coverage, resulting in additional costs to fire departments.

This bill would establish a program, administered by OES, to provide reimbursement to fire departments for costs related to sending firefighters to oil-by-rail spill response training. Although findings in the bill imply that funding should be targeted to small, medium, volunteer, and rural fire departments that may not have resources to send firefighters to training and maintain service coverage, there are no parameters specified in the bill that would limit expenditures to fire departments that have the greatest need, or to those that are located near potential oil-by-rail spill sites. As a result, the bill may result in reimbursements to fire departments that currently have resources to train their firefighters, with state funding supplanting current local expenditures. In addition, the bill does not specify fire department costs that would be eligible for reimbursement through the OES program. Staff assumes reimbursement could be provided for actual costs for training, such as tuition costs and per diem for meals and lodging, as well as department costs to pay a replacement firefighter to cover shifts of those attending training, potentially including overtime pay.

According to the Bureau of Labor Statistics, there were over 17,000 paid firefighters and nearly 12,000 volunteer firefighters in California in 2013. The duration of training courses varies, with shorter courses over five days and more comprehensive hazardous materials curriculum that requires 240 hours of training, or 30 days. The number of firefighters for which reimbursement would be sought for training as a result of this bill is unknown. Staff estimates demand for the program would be in the millions annually.

-- END --

SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION

Senator Isadore Hall, III

Chair

2015 - 2016 Regular

Bill No: AB 22 Hearing Date: 7/14/2015

SUBJECT: Office of Emergency Services: oil-by-rail spills: firefighters

DIGEST: This bill requires, upon a specified appropriation by the Legislature, the Curriculum Development Advisory Committee (CDAC) to review the curriculum and courses of instructions offered to train firefighters in response methods for oil-by-rail spills. The bill also requires the Office of Emergency Services (OES) to compile a list of those curriculum and courses of instruction and make that list available to all fire departments.

ANALYSIS:

Existing law:

1. Establishes OES within the Office of the Governor and under the supervision of the Director of Emergency Services.

2. Provides that OES is responsible for the state’s emergency and disaster response services for natural, technological, or manmade disasters and emergencies.

3. Requires OES to serve as the central point of state government for the emergency reporting of spills, unauthorized releases, or other accidental releases of hazardous materials and to coordinate the notification of the appropriate state and local administering agencies that may be required to respond to those spills.

4. Establishes the Curriculum Development Advisory Committee (CDAC) to provide advice on the development of specified course curricula and response training.

This bill:

1. Requires, upon a specified appropriation by the Legislature, the CDAC to review the curriculum and courses of instruction offered by public and private programs that train firefighters in response methods for oil-by-rail spills.

2. Requires OES to compile a list of those curriculum and courses of instructions, make the list available to all fire departments, and facilitate and encourage fire departments to send firefighters for that training.

3. Requires OES to establish a program to reimburse fire departments for costs incurred by those departments in sending firefighters to training.

4. Provides that fire departments may also receive a per diem of one hundred dollars ($100) per volunteer firefighter, upon application, to be paid to a volunteer firefighter who attends such training.

5. Makes legislative findings and declarations.

Background

Purpose of the bill. According to the author, “on July 31, 2014, the Assembly Select Committee on Local Emergency Preparedness convened an informational hearing to collect testimony on how well our local communities and first responders are being trained and equipped to respond to a worst case scenario oil spill by rail and to learn what California can do to help them be prepared. The Committee found that many small and medium sized fire departments do not have the budget funds available to send firefighters for training even if the costs of that training are subsidized or paid for with grants or other assistance.”

The author argues that “this often occurs because when a firefighter is sent for training, another off duty firefighter must be called in to cover the shift to maintain coverage for services. This requires paying the firefighter his salary during his training and also paying an off duty firefighter to cover the shift.”

Transportation of Oil by Rail. The transportation of oil by rail in California has dramatically increased in the past several years. In 2012, about 70% of oil imported by California refineries came through marine terminals and only about .3% arrived by rail. The following year, crude oil imports by rail jumped approximately 500% or about 1% of total imports. Many experts, including the California Energy Commission estimates that oil-by-rail imports might increase to 25% of total imports by 2016. This trend in California has been similar to oil-by-rail shipments nationally, especially in response to increases in production of oil from Bakken shale formation.

Bakken Oil is high-quality, light, sweet crude, making it more valuable and economically competitive that some of the other domestic crude oils. It is precisely because this crude oil is so energy dense that it is both valuable and hazardous. Its light nature and high density, under the right circumstances, makes it volatile, highly flammable, and toxic. Because crude oil trains travel through some of the state’s most densely populated areas, as well as some of the most sensitive ecological areas, oil-by-rail spills are particularly dangerous. While transporting oil-by-rail costs about twice as much as transportation by pipeline, oil-by-rail is faster and offers greater flexibility. This flexibility allows companies to take advantage of price differentials across the United States.

Federal law governs most major aspects of rail transport, and preempts most state regulation. The principal agency responsible for promulgating and enforcing the safety of rail shipments of crude oil is the Department of Transportation (DOT), and specifically within DOT: the Federal Railroad Administration (FRA) and the Pipeline and Hazardous Materials Safety Administration (PHMSA).

At the state level, the California Public Utilities Commission (CPUC) shares authority with the federal government to enforce federal rail safety requirements, and also has authority to enforce state safety rules. The CPUC is also a participant in federal rulemaking efforts, including through the FRA’s Railroad Safety Advisory Committee.

Various state agencies engage in prevention, planning, emergency response, and cleanup activities applicable to oil-by-rail, including OES, the State Fire Marshal (SFM), California Environmental Protection Agency (CalEPA), and the Office of Spill Prevention and Response (OSPR). These state agencies are all beginning to prepare for the heightened risks posed by oil-by-rail.

Accidents and Risks of Oil by Rail Transport. As oil by rail transport has increased in recent years, there has also been a dramatic increase in the number of accidents that involve crude by rail. According to a June 10, 2014 report by the California Interagency Rail Safety Working Group, more crude oil by volume was spilled in rail incidents in 2013 than was spilled in the nearly four decades prior. In addition, according to the report, incidents involving oil by rail in California increased from 3 in 2011 to 25 in 2013. Most reported incidents involved a relatively small volume of oil released, but the potential for high-consequences incidents will increase as more oil is transported by rail. For example, the largest and most tragic accident occurred on July 2013 in Lac-Megantic, Quebec where 63 tanks of crude oil exploded killing 47 people. In 2013 and 2014 there were eight major accidents in North America. The causes of these accidents vary, but they have included track failures, inadequate rail car equipment, and human error.

Oil-by-Rail Routes in California. In California, trains transporting crude oil are expected to travel via the Feather River or Donner Pass to the Bay Area, the Tehachapi Pass to Bakersfield, or into Los Angeles. Thus, they will travel through some of California’s most densely populated areas, as well as some of the most sensitive ecological eco systems.

Prior/Related Legislation

AB 380 (Dickinson, Chapter 533, Statutes of 2014) required rail carriers to submit specified information regarding the transport of hazardous materials and Bakken oil to OES for the purposes of emergency response planning.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

SUPPORT:

California State Firefighter’s Association

City of Burbank

City of Indian Wells

City of Long Beach

City of Sacramento

City of Santa Barbara

City of Thousand Oaks

Greater Merced Chamber of Commerce

League of California Cities

OPPOSITION:

None received

ARGUMENTS IN SUPPORT: According to the City of Long Beach, “existing law provides rail-transported oil spill response training at the expense of fire departments. AB 22 sensibly establishes guidelines that reduce disparities in training and equipment for oil-by-rail spills among fire departments. Providing fire departments with the necessary resources not only improves response methods, but lessens the impact of oil-by-rail accidents in some of the state’s most densely populated areas.”

ASSEMBLY THIRD READING

ATR Bill Id:AB 22

Author:(Rodriguez)

As Amended Ver:May 14, 2015

Majority vote

SUMMARY: Would require, upon a specified appropriation by the Legislature, the Curriculum Development Advisory Committee (CDAC) within the California Governor's Office of Emergency Services (Cal OES) to review the curriculum and courses of instruction offered by public and private programs that train firefighters in response methods for oil-by-rail spills. This bill requires the office to compile a list of those curriculum and courses of instruction and make that list available to all fire departments; and establish a program to reimburse fire departments for costs incurred by sending firefighters to trainings. Specifically, this bill:

1. Requires the CDAC to review the curriculum and courses of instruction offered by public and private programs that train firefighters in response methods for oil-by-rail spills.

2. Provides the Cal OES shall compile a list of the curriculum and courses of instruction, as specified. The list shall be available to all fire departments, including in that list information regarding the availability and cost of the curriculum and courses of instruction, and shall facilitate and encourage fire departments to send firefighters for that training.

3. States Cal OES shall establish a program to reimburse fire departments for costs incurred for sending firefighters to trainings identified by the CDAC and Cal OES, upon application by the fire department for reimbursement. Volunteer fire departments may also receive a per diem of $100 per volunteer firefighter, upon application, to be paid to a volunteer firefighter who attends such training.

4. Provides the duties and authorizations as set forth shall only apply upon appropriation by the Legislature of revenues derived from fees charged for the reasonable costs to the state of preparing to respond to oil-by-rail spills and references a proposal for the 2015 Budget to create an account and fee to support those costs.

5. Makes legislative findings and declarations.

EXISTING LAW:

1. Establishes Cal OES within the office of the Governor and under the supervision of the Director of Cal OES and makes the office responsible for the state’s emergency and disaster response services for natural, technological, or manmade disasters and emergencies.

2. Requires the office to serve as the central point of state government for the emergency reporting of spills, unauthorized releases, or other accidental releases of hazardous materials and to coordinate the notification of the appropriate state and local administering agencies that may be required to respond to those spills, unauthorized releases, or other accidental releases.

3. Establishes the CDAC to, among other things, provide advice on the development of specified course curricula and response training. (Government Code Section 8588.10)

FISCAL EFFECT: According to the Assembly Appropriations Committee, significant General Fund (GF) costs to Cal OES to conduct curriculum and courses review and provide information to fire departments; estimated GF costs of more than $3.5 million to reimburse local fire agencies for attending courses.

COMMENTS:

Background: According to the author's office, fracking and other developing oil extraction technologies employed in Canada and the United States (U.S.) have significantly increased oil production. This source of new oil has created a problem in the transportation and delivery of crude oil. There is not enough pipeline capacity in North America to transport the increased volumes to refineries and distribution points. As a result, rail is becoming the primary way to move inland crude oil and hydrocarbon gas liquids to the West Coast. California, like the rest of the nation, is experiencing dramatic changes in the amount of oil being transported by rail.

According to the author, as oil-by-rail shipments have dramatically increased in recent years, there has been a resulting increase in the number of incidents involving crude oil spills by rail.

The author's office points out that the danger from a major oil spill is exacerbated by the type of oil that is being spilled. Oil from the Bakken Shale Formation is high quality, light, sweet crude. It is precisely because this crude oil is so energy dense that it is both valuable and hazardous. Its light nature and high density, under the right circumstances, makes it volatile, highly flammable, and toxic. In addition, crude oil trains travel through some of the state’s most densely populated areas, as well as some of the most sensitive ecological areas, since rail lines frequently operate near or over rivers and other sensitive waterways in the state.

Federal law preempts most state regulation of rail transport, and the U.S. Department of Transportation is primarily responsible for enforcing the safety of oil-by-rail shipments. At the state level, various state and local agencies coordinate emergency response and cleanup for oil-by-rail spills, often led by OES, and local agencies often play a significant role in these efforts.

In June 2014, the California Public Utilities Commission and the Interagency Rail Safety Working Group (IRSWG) issued a report intended to help prepare state and local emergency responders for the dramatic increase in shipments of oil-by-rail in California communities by outlining recommendations to improve public safety during transport. Pertaining to this bill, under the heading "Increase Emergency Response Training," the report stated, "California firefighters and first responders lack training in the specialized areas of oil rail safety and flammable liquid, as well as financial resources to attend out of state trainings."

Purpose of the bill: According to the author, there are wide disparities in training and equipment for oil-by-rail spills in the following instances: between volunteer and non-volunteer fire departments; between rural and urban fire departments; and between small and large fire departments. Large, urban fire departments tend to receive more training and are better equipped than smaller rural fire departments. Volunteer fire departments have almost no independent ability to respond to large-scale oil-by-rail spills, relying instead upon regional mutual aid or upon railroad personnel and assets.

The author states many small and some medium-sized fire departments do not have the budget to send firefighters for training even if the costs of that training are subsidized or paid for with grants or other assistance. When a firefighter is sent for training, another off-duty firefighter must be called in to cover the shift and maintain coverage for services. This requires paying the firefighter his or her salary during his or her training and also paying an off-duty firefighter to cover the shift. Railroads provide free training for local first responders in California in localities that are convenient to the fire departments, yet volunteer and small rural fire departments frequently do not attend or participate in such training classes.

This bill will establish a program to reimburse local fire departments for expenses incurred by sending personnel to oil-by-rail accident response training programs. The author states that by providing proper training, information and resources, local emergency response agencies will be more prepared to play a major role in mitigating the effects of such an accident.

The author concludes, local emergency crews are the first ones on scene during the critical moments following an accident and they need to be properly prepared to respond. This bill will allow local fire departments, many of whom have limited budgets, to receive life-saving training that may have otherwise been inaccessible due to cost.

Analysis Prepared by: Eric Johnson / G.O. / (916) 319-2531 FN: 0000637

Date of Hearing: May 20, 2015

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Jimmy Gomez, Chair

ABPCA Bill Id:AB 22

Author:(Rodriguez) – As Amended Ver:May 14, 2015

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill requires:

1) The Curriculum Development Advisory Committee within the Office of Emergency Services (OES) to review the curriculum and courses of instruction offered by public and private programs that train firefighters in response methods for oil-by-rail spills;

2) OES to provide a list of the curriculum and courses, including costs and availability, to all fire departments; and

3) OES to establish a program to reimburse fire departments for costs incurred sending firefighters to the courses, including a $100 per diem for volunteer firefighters.

The bill specifies it shall only apply upon appropriation by the Legislature of revenues derived from fees charged for the reasonable costs to the state of preparing to respond to oil-by-rail spills and references a proposal for the 2015 Budget to create an account and fee to support those costs.

FISCAL EFFECT:

Significant GF/SF costs to OES to conduct curriculum and courses review and provide information to fire departments; estimated GF/SF costs of more than $3.5 million to reimburse local fire agencies for attending courses.

COMMENTS:

1) Purpose. According to the author, wide disparities in training and equipment exist among firefighters for oil-by-rail spills. The author believes large, urban fire departments tend to receive more training and better equipment than smaller, rural departments, while volunteer departments have very little capacity to respond to oil-by-rail spills.

The author claims railroads provide free training for first responders, yet many small- and medium-sized and volunteer fire department do not have the budget to send firefighters for training, even if training costs are subsidized. Whenever firefighters are sent for training, other off-duty firefighters must cover the shift, resulting in additional costs. This bill establishes a program to reimburse local fire departments for expenses incurred in sending firefighters to oil-by-rail accident response training.

2) Rusty Wheels Get the Oil. Fracking and other developing oil extraction technologies in North America have significantly increased oil production, yet there is not sufficient pipeline capacity to transport the additional oil. According to the author, oil shipments by rail have increased significantly in recent years, including in California, resulting in a sharp increase in oil-by-rail spills. The author further claims the dangers of oil-by-rail spills are exacerbated by the type of oil causing the increased transportation demand. Oil from the Bakken Shale Formation is energy dense, making it more volatile and toxic than certain other grades of crude oil.

Federal law preempts most state regulation of rail transport, and the US Department of Transportation is primarily responsible for enforcing the safety of oil-by-rail shipments. At the state level, various state and local agencies coordinate emergency response and cleanup for oil-by-rail spills, often led by OES, and local agencies often play a significant role in these efforts.

Analysis Prepared by: Joel Tashjian / APPR. / (916) 319-2081

Date of Hearing: April 8, 2015

ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION

Adam Gray, Chair

ABPCA Bill Id:AB 22

Author:(Rodriguez) – As Introduced Ver:December 1, 2014

SUBJECT: Office of Emergency Services: oil-by-rail spills: firefighters

SUMMARY: Would require the Curriculum Development Advisory Committee (CDAC) within the California Governor's Office of Emergency Services (Cal OES) to review the curriculum and courses of instruction offered by public and private programs that train firefighters in response methods for oil-by-rail spills. The bill requires the office to compile a list of those curriculum and courses of instruction and make that list available to all fire departments; and establish a program to reimburse fire departments for costs incurred by sending firefighters to trainings. Specifically, this bill:

1) Requires the CDAC to review the curriculum and courses of instruction offered by public and private programs that train firefighters in response methods for oil-by-rail spills.

2) Provides the Cal OES shall compile a list of the curriculum and courses of instruction, as specified. The list shall be available to all fire departments, including in that list information regarding the availability and cost of the curriculum and courses of instruction, and shall facilitate and encourage fire departments to send firefighters for that training.

3) States Cal OES shall establish a program to reimburse fire departments for costs incurred for sending firefighters to trainings identified by the CDAC and Cal OES, upon application by the fire department for reimbursement. Volunteer fire departments may also receive a per diem of one hundred dollars ($100) per volunteer firefighter, upon application, to be paid to a volunteer firefighter who attends such training.

4) Provides Cal OES shall use funds received from grants or general funds appropriated to the agency by the Legislature for this program.

5) Makes legislative findings and declarations.

EXISTING LAW:

1) Establishes Cal OES within the office of the Governor and under the supervision of the Director of Cal OES and makes the office responsible for the state’s emergency and disaster response services for natural, technological, or manmade disasters and emergencies.

2) Requires the office to serve as the central point of state government for the emergency reporting of spills, unauthorized releases, or other accidental releases of hazardous materials and to coordinate the notification of the appropriate state and local administering agencies that may be required to respond to those spills, unauthorized releases, or other accidental releases.

3) Establishes the CDAC to, among other things, provide advice on the development of specified course curricula and response training. (Government Code § 8588.10)

FISCAL EFFECT: Unknown

COMMENTS:

Background: According to the author's office, fracking and other developing oil extraction technologies employed in Canada and the United States have significantly increased oil production. This source of new oil has created a problem in the transportation and delivery of crude oil. There is not enough pipeline capacity in North America to transport the increased volumes to refineries and distribution points. As a result, rail is becoming the primary way to move inland crude oil and hydrocarbon gas liquids to the West Coast. California, like the rest of the nation, is experiencing dramatic changes in the amount of oil being transported by rail.

According to the author, as oil-by-rail shipments have dramatically increased in recent years, there has been a resulting increase in the number of incidents involving crude oil spills by rail.

The author's office points out that the danger from a major oil spill is exacerbated by the type of oil that is being spilled. Oil from the Bakken Shale Formation is high quality, light, sweet crude. It is precisely because this crude oil is so energy dense that it is both valuable and hazardous. Its light nature and high density, under the right circumstances, makes it volatile, highly flammable, and toxic. In addition, crude oil trains travel through some of the state’s most densely populated areas, as well as some of the most sensitive ecological areas, since rail lines frequently operate near or over rivers and other sensitive waterways in the state.

Federal law governs most major aspects of rail transport, and preempts most state regulation. The principal agency responsible for promulgating and enforcing the safety of rail shipments of crude oil is Department of Transportation (DOT), and specifically within DOT: the Federal Railroad Administration (FRA) and the Pipeline and Hazardous Materials Safety Administration (PHMSA).

At the state level, the California Public Utilities Commission (CPUC) shares authority with the federal government to enforce federal rail safety requirements, and also has authority to enforce state safety rules. The CPUC is also a participant in federal rulemaking efforts, including through the FRA’s Railroad Safety Advisory Committee.

Various state agencies engage in prevention, planning, emergency response, and cleanup activities applicable to oil by rail, including Cal OES, the Office of State Fire Marshal (OSFM), California Environmental Protection Agency (CalEPA), and the Office of Spill Prevention and Response (OSPR). These state agencies are all beginning to prepare for the heightened risks posed by oil-by-rail. Local agencies, including the local Certified Unified Program Agencies, also play critical roles in emergency preparedness and response, and have expressed growing concern about increased oil-by-rail transport.

In June 2014, the CPUC and the Interagency Rail Safety Working Group (IRSWG) issued a report intended to help prepare state and local emergency responders for the dramatic increase in shipments of oil-by-rail in California communities by outlining recommendations to improve public safety during transport. The findings and recommendations of the IRSWG stated, "While the federal actions taken to date are significant, they do not go far enough to address the risks of increased oil by rail transport. The state should press both the federal government and the railroad industry to take additional safety measures. Additionally, the state should strengthen its inspection and enforcement resources, remedy significant gaps in its emergency preparedness and response programs, and provide the public with an interactive map showing potential high-risk areas from oil-by-rail traffic."

Pertaining to this bill, under the heading "Increase Emergency Response Training," the report stated, "California firefighters and first responders lack training in the specialized areas of oil rail safety and flammable liquid, as well as financial resources to attend out of state trainings. To maximize state training capabilities, the state has begun planning for a multi-agency West Coast Regional Training Center in Sacramento. OES and OSFM should seek partnerships with railroads and oil companies to help fund establishment of this center."

Purpose of the bill: According to the author, there are wide disparities in training and equipment for oil-by-rail spills in the following instances: between volunteer and non-volunteer fire departments; between rural and urban fire departments; and between small and large fire departments. Large, urban fire departments tend to receive more training and are better equipped than smaller rural fire departments. Volunteer fire departments have almost no independent ability to respond to large-scale oil-by-rail spills, relying instead upon regional mutual aid or upon railroad personnel and assets.

The author states many small and some medium-sized fire departments do not have the budget to send firefighters for training even if the costs of that training are subsidized or paid for with grants or other assistance. When a firefighter is sent for training, another off-duty firefighter must be called in to cover the shift and maintain coverage for services. This requires paying the firefighter his or her salary during his or her training and also paying an off-duty firefighter to cover the shift. Railroads provide free training for local first responders in California in localities that are convenient to the fire departments, yet volunteer and small rural fire departments frequently do not attend or participate in such training classes.

This bill will establish a program to reimburse local fire departments for expenses incurred by sending personnel to oil-by-rail accident response training programs. The author states that by providing proper training, information and resources, local emergency response agencies will be more prepared to play a major role in mitigating the effects of such an accident.

The author concludes, local emergency crews are the first ones on scene during the critical moments following an accident and they need to be properly prepared to respond. AB 22 will allow local fire departments, many of whom have limited budgets, to receive life-saving training that may have otherwise been inaccessible due to cost.

REGISTERED SUPPORT / OPPOSITION:

Support

None on file

Opposition

None on file

Analysis Prepared by: Eric Johnson / G.O. / (916) 319-2531