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California Recorder > Blog > California > Labor vs. enterprise: Can California legally restrict freight prepare lengths?
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Labor vs. enterprise: Can California legally restrict freight prepare lengths?

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Labor vs. enterprise: Can California legally restrict freight prepare lengths?
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In abstract

Unions are pushing for shorter freight trains to make railways safer, however that would increase the price of items and delay passenger rail service. It additionally will not be authorized.

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If California’s politically influential labor unions get their approach, the state’s freight trains would get shorter and doubtlessly safer underneath a pending legislative proposal.

However some Democratic lawmakers worry the measure might increase the worth of products in high-cost California, working counter to legislative leaders’ pledge to deliver down the price of dwelling. In addition they fear that the necessity to run freight trains extra continuously might trigger delays for struggling passenger trains that depend on the identical tracks and are continuously delayed by freight trains.

To prime it off, unbiased consultants, together with those that work for the Legislature, say the measure nearly definitely isn’t authorized.

Nonetheless, Norwalk Democratic Sen. Bob Archuleta’s Senate Invoice 667 handed its first committee listening to this week with out a single Democrat casting a “no” vote.

It’s the newest instance of a flawed invoice advancing by means of the Legislature because of Democrats’ reluctance to kill their colleagues’ measures in publicsignificantly when it means bucking the calls for of influential organizations comparable to organized labor.

Archuleta’s invoice is a response to the 2023 prepare derailment in East Palestine, Ohio that compelled hundreds of residents to evacuate when poisonous chemical substances spilled and the prepare’s vehicles caught hearth. Investigators blamed the derailment on an overheated wheel bearing that was not detected early sufficient by monitoring techniques alongside the monitor.

The Brotherhood of Locomotive Engineers and Trainmen is backing the measure, citing latest analysis displaying that shorter trains are much less prone to come off their tracks, an assertion railroad corporations dispute.

“We have had two recent scientific studies that confirm what railroad workers have known for years,” Ryan Snow, a consultant for the union, informed the Senate Power, Utilities and Communications Committee. “Longer trains create greater safety risks.”

Beneath Archuleta’s proposal, the utmost size of a freight prepare in California could be capped at 7,500 ft, about 125 60-foot-long rail vehicles. The prepare that derailed in East Palestine in 2023 was 151 vehicles and 9,300 ft lengthy.

The measure additionally would require railroads to put in “wayside detectors” each 10 to fifteen miles that seek for indicators of prepare gear failure, comparable to overheated wheel bearings. Freight trains wouldn’t be allowed to journey greater than 10 mph on tracks with out the sensors. It additionally would prohibit trains from blocking rail crossings to make sure that emergency autos can cross.

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Rail corporations would face fines of as much as $25,000 per violation.

‘Many states have wanted to regulate train length’

Specialists say the proposal has a significant drawback: It’s unlawful underneath federal legislation, which provides the U.S. authorities the ultimate say on regulating railroads.

“Federal and state courts have consistently preempted state statutes aimed at limiting train lengths and blocked crossings despite the absence of federal regulations addressing these issues,” reads the invoice’s evaluation written by the committee’s employees. “In some cases, the courts have deferred to the federal government’s broad authority over interstate commerce.”

In different phrases, if the measure had been to be signed into legislation, it nearly definitely wouldn’t survive a authorized problem, mentioned Professor Roger Nober, director of the Regulatory Research Heart at George Washington College.

“Many states have wanted to regulate train length or block crossings, and I certainly understand the frustration that would lead the states to want to do that,” he mentioned in an interview. “But that is a federal responsibility. It is pretty clear.”

Different unions supporting the invoice embrace the California Skilled Firefighters, the California Faculty Workers Affiliation and the Worldwide Brotherhood of Teamsters. In complete, these three unions have donated not less than $9.4 million to legislators since 2015, in accordance with the Digital Democracy database.

They’ve a staunch ally in Archuleta, who has voted with the unions’ positions on payments greater than 90% of the time, in accordance with Digital Democracy.

“We’re here to save lives and keep the trains moving, but do it productively and do it with the dignity of the workers that are here,” he informed the committee.

At the least two dozen delivery, agricultural, timber and constructing teams oppose the invoice, together with the California Chamber of Commerce. In complete, the opponents have given not less than $10.2 million to lawmakers since 2015, in accordance with Digital Democracy.

Practice trade officers additionally oppose it. They are saying the rules aren’t wanted.

Current advances in laptop modeling, together with a “learning physics engine that simulates every train on our network” and different applied sciences have decreased the variety of derailments and different security issues, mentioned David O’Haraan official at Union Pacific Railroad, on the listening to.

A train is seen at the bottom of a frame moving along tracks in a desert landscape with clouds of dust kicking up in the wind and towering wind turbines in the background. Rows of power lines surround the train as it moves along the tracks.
A freight prepare strikes alongside tracks in entrance of wind generators as wind gusts fill the air with mud close to Palm Springs, on Sept. 3, 2023. Picture by David McNew, Getty Pictures

Shortening trains cuts into railroad corporations’ backside strains, Joseph Towers, a rail trade analyst with FTR Transportation Intelligenceinformed CalMatters.

“Trains get longer because you’re able to pull the same amount of freight with fewer resources,” he mentioned. “You have to have less engines, less crew.”

The measure additionally comes at a very unsure time for California’s 5,000-mile railway community that hauls extra than 5.5 million rail automotive a great deal of items annually and employs a number of thousand staff.

Towers mentioned President Donald Trump’s tariffs, particularly on Chinese language imports coming into California ports, might dramatically cut back the quantity of freight trains will haul.

“When it comes to train shipping, there’s going to be less freight on rail that can be attributed to those international … imports arriving on the West Coast,” Towers mentioned.

Longer delays for passenger trains

The 4 Republicans on the committee voted in opposition to the measure and all 12 of the committee’s Democrats that had been current voted for it.

Nevertheless, some Democrats who voted mentioned they needed Archuleta to amend the invoice to deal with considerations about shopper prices, public transportation and its apparent authorized issues.

The committee’s chair, Sen. Josh Becker of Menlo Park, mentioned he has “some concerns about the federal preemption issue.”

He additionally urged Archuleta “to make sure our efforts to improve safety do not result in the kind of good movement (restrictions) and price spikes that we saw happen and hit consumers during the pandemic.”

Sen. Ben Allen Ben Allenwho represents the El Segundo space, was frightened after listening to testimony from Stacey Mortensen. She oversees Amtrak and ACE passenger prepare service within the San Joaquin Valley and the Bay Space on tracks managed primarily for freight haulers.

“Given that we run on a freight rail line, any requirements that are passed on to them have a ripple effect that end up affecting the end user,” she mentioned.

Growing prepare ridership is a key a part of California’s bold technique to cut back greenhouse gasoline emissions and combat local weather change.

Allen mentioned that California’s “subpar” passenger prepare community already has issue attracting riders due to logistical issues attributable to freight trains.

“There’s a beautiful train network around the state, and yet it can be such an unpleasant experience when you’re stuck behind freight rail,” he informed the committee.

Regardless of their considerations, each Becker and Allen voted to maintain the prepare invoice chugging alongside to its subsequent cease, the Senate Transportation Committee, the place the measure can be heard on Monday.

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